Terms and Conditions of Services and Usage
Welcome to Techademics Analytics Private Limited (”Factr”, ”Factr Analytics”, ”Mentee” or “Mentee Education” or “We” or “Us”), a company incorporated under the Companies Act, 2013, operating from its web site being www.factr.in and its related application programming interfaces (API’s), mobile applications and online services (collectively, “Website”).
This Terms of Service is a legal contract between you (“You”) and Factr regarding your use of the Website. For ease of reference, the visitors and users of the Website are referred to individually as “User” and collectively as “Users”.
Please read these terms of service carefully. By registering for, accessing, browsing, or using the website, you acknowledge that you have read, understood, and agree to be bound by this terms of service, including the Factr privacy notice ( https://www.factr.in/privacy-policy) , third party content policy (include appropriate URL as and when it is made live) and any additional guidelines (as defined below) (collectively, the “terms” or “terms of service”).
You may use our services only if you form a binding contract with Factr, and only in compliance with these Terms and the applicable laws.
COMPLIANCE WITH APPLICABLE LAWS
As a condition of Your access to and use of the Website, You agree that You will not use our services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms.
You need not register with the Factr to simply visit and view the Website, but to access and participate in certain features of the Website, You will need to create a password-protected account ("ACCOUNT”). To create an Account, you must submit your name, email address and such other details as may be requested through the Account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an Account but shall be helpful to Factr in providing you with a more customized experience when using the Website.
When you create your account with Factr in order to use certain features of the Website and/or other platforms whereby our services are provided, you may be asked to provide a password in connection with your account. This creation of an account entitles You to be Registered User with Factr. You acknowledge and agree that:
- You are solely responsible for maintaining the confidentiality of your account and password, and for all the activities that occur in relation to your account or password;
- The information provided by You to Factr is true, accurate, current, complete and will be updated by You as and when required;
- You may immediately notify Factr in an event of unauthorized use of your account;
- Factr will not be held liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms;
You are entitled to use our services subject to the conditions as set out herein. Factr is in the process of and retains the right to constantly change and improve its Services, including adding or removing functions, features, or requirements, suspension or stopping a Service altogether. The term “Services” shall mean and include:
- Any Service provided to the User for individual use (Factr test preparation material and assessment reports)
- Any Service provided to teachers or any other institute by the use of, including but not limited to, Factr’s product (at https://www.factr.in). Please note that the services rendered Factr to teachers, institutes etc. shall be subject to the specific rules, guidelines, contracts, license agreement, user agreement or other terms and conditions which govern the said use of such services. The present terms shall not govern the use of these services, as stated in Section 12 herein below.
- Any buyer to buyer service rendered by the use of Factr’s API. Please note that these services shall be subject to the specific rules, guidelines, contracts, license agreement, user agreement or other terms and conditions governing the said use of such services. The present terms shall not govern the use of these services, as stated in Section 12 herein below.
DISCLAIMER: ACCESSING OR USING OUR WEBSITE DOES NOT GIVE YOU OWNERSHIP OF ANY INTELLECTUAL PROPERTY RIGHTS IN OUR WEBSITE OR THE CONTENT YOU ACCESS OR USE.
For access to and use of the Services, You agree to pay the amounts set forth in Factr’s Fee Schedule, subject to but not limited to the course offered or the assignments provided by Us. You are responsible for any taxes, including value added tax or goods and services tax, resulting from your use of the Services.
MODIFICATION AND CHANGES TO OUR WEBSITE AND OTHER PLATFORMS
The content, availability and access and all other features, attributes or aspects of the Website, or the mobile application platform or other platforms on the internet as the case may be are subject to change, modification, additions or deletions at any time without notice to You in Factr’s sole discretion. Your continued use of the Website, or the mobile application platform or other platforms on the internet as the case may be after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Factr will make reasonable effort to provide notice to You of such amended Terms, such as by an email or notification to the address associated with your account or by posting a notice on the Website, mobile application platform etc.. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
The Website is owned and operated by Factr.
- The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website are protected by the governing laws and regulations in India, including but not limited to copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights;
- You may, as a visitor to the Website, download a single copy of the material for your own non-commercial, private viewing purposes only;
- You may not in any manner whatsoever copy or distribute any proprietary information for any commercial or business use, save and except with our prior written consent;
- You must not modify, edit or change or otherwise make any derivative work of the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any content, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You also must not use or modify or reproduce any of the content whether text or written material or artwork, images, videos in any manner whatsoever. In addition, You shall include a link to the Website, mobile application platform etc. , or otherwise describe appropriate our services as emanating from us, when referring to the service offered by us and/or availed by you. You shall not display the contents of our site surrounded, interface or framed or otherwise surrounded by material not originating from Factr without Factr’s consent;
- You may not distribute, modify, publish, re-use, reproduce, copy (except as set forth above), transmit, display, license, create derivative works from, transfer, sell or otherwise use any of the information, illustrations, photographs, video or audio sequences or any graphics in any manner whatsoever;
- Any use of the content or marks provided on our Website, mobile application etc. or any Integrated Service other than as specifically mentioned hereinabove, without our prior written permission, is strictly prohibited and will automatically terminate the license and right to use granted herein;
- Such unauthorized use may also violate the applicable laws including but not limited to trademark, copyright and design laws and the applicable regulations and statutes;
- Unless expressly mentioned, nothing in the Terms shall be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise. A limited license to use is granted herein and is revocable at any point of time by Us (with prior notice or immediately upon notice) and without any cause;
- You represent, warrant and indemnify that You have the necessary right, license, authorization or permission to post, upload or publish any video, image, text, software, information or any content on the Website through the Message Feature. The Message Feature, means and includes, a ‘pop-up’ featured on Factr’s website to provide support to any user, whether a registered user or an unregistered user. You hereby agree that by posting, uploading or publishing the same on our Website, You have authorized Us to use the same without any restrictions;
- By posting any content via any Message Features or otherwise, You are granting to us a perpetual, assignable, transferable, royalty-free, fully paid-up, non-exclusive, worldwide and irrevocable right and license (with the right to sublicense through multiple tiers) to reproduce, re-use, prepare derivative works based upon, distribute, perform and display such content, in whole or in part, in any form, media or technology known or hereafter developed.
- You hereby agree that the ownership of any content posted by You and subsequently modified, adapted, improved, enriched by Factr would lie solely with Factr, insofar as the said modification, adaptation, improvement, enrichment, derivative work etc. is concerned. You grant Factr a royalty free, fully paid up, irrevocable, perpetual license to modify, update, re-use, publish the content posted by You.
It is your responsibility to ensure, and You will ensure, that You shall not conduct (the definition of which includes hosting, publication or initiation of transmission of information, selection of receiver of transmission of information, select or modify the information contained in such transmission) any of the below mentioned activities:
- Use the Website (including any content included in the Website, or the mobile application platform or other platforms on the internet as the case may be) for any commercial use or purpose unless expressly permitted by Factr writing, it being understood that the Website, mobile application etc. and related services are intended for personal, non-commercial use only;
- Post, upload, or distribute any laudatory or defamatory, disparaging, libellous, invasive of another person’s or entity’s privacy, or inaccurate User Content or other content. The term ‘User Content’ means and includes any content uploaded by a user not necessarily a registered user, i.e. a user who creates and account with Factr to avail our services.;
- Post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be related to money laundering, gambling, objectionable, offensive, indecent, pornographic, paedophilic, or harms minors in any way, blasphemous, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically objectionable, offensive, or otherwise inappropriate or unlawful in any manner;
- Assert, or authorize, assist, or encourage any third party to assert, against Factr or any of its affiliates or licensors any patent, copyright, or trademark infringement, or other intellectual property infringement or misappropriation claim regarding the Website, mobile application or any content, submitted, or otherwise made available on or through the Website;
- Post, upload or distribute any content which deceives or misleads Factr about the origin of such content or communicate any information which is offensive or menacing in nature;
- Post, upload or distribute any content which impersonates another person or entity;
- Post, upload or distribute any content which threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
- Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- Access or use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- Defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website and other than generally available third-party web browsers.
- Modify, adapt, translate or create derivative works based upon the Website, mobile application etc. or any part thereof, unless it is performed with the express, prior written authorization of Factr or to the extent the foregoing restriction is expressly prohibited by applicable law; or
- Interfere with or damage operation of the Website or any User’s enjoyment of it, by any means, including without limitation by inappropriate use of the services which may include posting unnecessary, inappropriate or repetitive User Content, which in our discretion disrupts provision of services by us, participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code intended to interrupt, destroy or limit the functionality of any computer resource.
- You acknowledge and agree that in the event we become aware or have reasons to believe that any User, whether registered on the Website or not, has breached any provisions contained under Clause 9.1 to 9.14 above, we shall have right in our sole discretion to delete, terminate or deactivate User’s account, block the email or IP address of the relevant user or terminate user’s access to the Website (or any part thereof) or remove and discard any User Content submitted by such user, immediately, without any liability and any fees paid by the User shall be forfeited by us without any further claims. Further, if you become aware that any User of the Website indulges in any of the activity specified under this Clause 9, you may report such activity to us at the contact details specified on the Website and we may at our sole discretion take appropriate action against the relevant User as we may deem fit.
- In the event, based upon a User’s interaction with us on the Website and/or upon the User Content posted by the relevant User on the Website, we have reasons to believe that such User intends to harm himself or the User displays any suicidal behaviour, we will not be liable for any harm inflicted by User on himself or any penal consequences faced by the User. Additionally, we may, without any obligation to do so, immediately:
- inform the users family, including the parents or guardians, if the contact information is available with us; and/or
- inform the relevant law enforcement agencies, at our discretion.
- This platform is made available by Factr solely for academic purposes. Factr strongly advises all users to use the platform solely for the purpose of resolving academic queries. Factr neither indulges in nor encourages any form of advertising or any form of monetary transactions on the platform. Factr does not endorse and does not take any responsibility for the contents including any advertisements or offers posted by third parties. Factr shall not be responsible for any losses incurred by the users for relying on third party content or for undertaking any form of monetary transaction, whether initiated on or conducted through the platform or otherwise.
THIRD PARTY INTELLECTUAL PROPERTY
Factr respects the proprietary rights, including intellectual property rights of any third party. On receipt of any possible infringement of any intellectual property right of any third party by way of written communication, Factr shall remove the infringing content from the Website and terminate the account of the associated user, in accordance with applicable law. Reference to any services, goods, products or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation or association therewith, by Us.
THIRD PARTY CONTENT
Through the services on our website, the mobile application platform or other platforms on the internet as the case may be, you will have the ability to access and/or use content provided by third parties and links to websites and services maintained by third parties (“Third Party Content”). Factr does not endorse, sponsor, recommend, or otherwise accept responsibility for Third Party Content. In addition, Third Party Content is not under the control of Factr, and Factr is not responsible for the operation, content or privacy practices of Third Party Content. The regulation administration of third party content as displayed on Factr’s website is specifically governed by a separate Third Party Content policy.
TERMS APPLICABLE TO SPECIFIC SERVICES
Please note that Factr provides certain specific services or content provided through the Website, mobile application platform or other platforms as the case may be, including but not limited to the use of Factr’s services to institutes and teachers. Such specific services or content may be subject to rules, guidelines, contracts, license agreements, use agreements, or other terms and conditions that apply to your access and/or use of that area of the Website, mobile application or other platform as the case may be, or content (including terms and conditions applicable to a corporation or other organization and its users). In the event that the terms and conditions which govern such specific services or content provided by Factr, are subject to any terms and conditions which are in addition to, or inconsistent with the Terms and Conditions stipulated herein, then the terms and conditions which govern the use of such specific services or content shall over-ride the Terms and Conditions herein, insofar as such additions, inconsistency is concerned.
For the purposes of this clause, the term “Product” shall mean and include a platform, powered by the Factr, for a third party such as a teacher or any institute, which assists such a third party to ingest its own questions and theory content from Microsoft Word, PageMaker and other format sheets to digital format, and tag it to different meta tags by Factr’s in house developed algorithms assisted by manual review. This shall also mean e-learning products developed by Factr which provide practice, testing & analysis modules to the students/users appearing for competitive entrance examinations and learning management system for Faculties as per norms and methodologies developed by Factr.
DISCLAIMER: ACCESSING OR USING OUR PRODUCT DOES NOT GIVE YOU OWNERSHIP OF ANY INTELLECTUAL PROPERTY RIGHTS VESTED THEREIN.
In order to access Factr via mobile or other devices including but not limited to tablets, standard network charges shall apply and User handset must be able to connect to the internet. You may incur additional data charges from the User’s network operator as per the terms and conditions of the contract stipulated therein.
REWARD & PROMOTIONS
Factr may on its own discretion, introduce from time to time any reward or promotion scheme in conjunction with other entities for a certain number of the products. The terms and conditions for the rewards shall be disclosed at the time of launch.
- Termination by Factr: Factr, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof). Factr may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, upon notice and You agree that Factr will not be liable to You or any third party for any such termination or discontinuance. Factr reserves the right to report any actual or suspected fraudulent, abusive or illegal activity to law enforcement authorities.
- Termination by You: You shall subject to any dissatisfaction with
- the Website, mobile application
- any term of these Terms,
- any policy or practice of Factr in operating the Website, mobile application or
- any content or information transmitted through the Website, mobile application terminate the Terms and your account. Upon termination of the Terms by you, your account status will be reflected as “Inactive”. Such a termination is only reflected upon a formal intimation by the User to Factr.
[Without limiting our “Note to Factr” on p.1, all the disclaimers and liability limitations (Section 15 & 16) need to be considered carefully by Indian counsel, including with respect to enforceability. We have identified some questions with respect to the sections below but these are not exhaustive].
- Disclaimer of Warranties: the website, and all data, information, software, website materials, content, services, or applications made available in conjunction with or through the website, are provided on an “as is,” “as available,” and “with all faults” basis. to the fullest extent permissible pursuant to applicable law, Factr, and its affiliates and licensors, disclaim any and all warranties and conditions, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. no advice or information, whether oral or written, obtained by you from Factr or through the website will create any warranty not expressly stated herein.
- Disclaimer of Content: Factr, and its suppliers, licensors, and affiliates, do not warrant that the website or any data, user content, functions, or any other information offered on or through the website will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected.
- Disclaimer of Use: Factr, and its suppliers, licensors, and affiliates, through this website or the mobile application platform or other platforms on the internet as the case may be, provide information for educational and informational purposes only and should not be construed as professional or legal advice from a qualified teacher or any qualified institution. Factr including its suppliers, licensors and affiliates make no warranty concerning any outcome and/or the results of the entrance exams or any other exam taken including but not limited to the mock tests, questions, products and any other information provided on the website. while every effort is made in preparation of educational material intended for its users, no responsibility is accepted by or on behalf of Factr, its suppliers, licensors and affiliates for any errors, omissions or statements on this pages or any website with which these pages connect with. recipients and users of content from this website should not act or refrain from acting on basis of any information included on this website.
- Disclaimer of Hosting, Publishing, Editing or Storing Information: Factr, and its suppliers, licensors, and affiliates, shall not be subject to any liability including but not limited to that defined in section 9 (prohibited activities) above, in the event of the following actions:
- Temporary or transient or intermediate storage of information automatically within the computer resource as an intrinsic feature of such computer resource, involving no exercise of any human editorial control, for onward transmission or communication to another computer resource;
- Removal of access to any information, data or communication link by an intermediary after such information, data or communication link comes to the actual knowledge of a person authorized by the intermediary pursuant to any order or direction as per the provisions of the Information Technology Act, 2000
LIMITATION OF LIABILITY
- Under no circumstances and in no event, including, but not limited to, negligence, will Factr or its affiliates, or its or their respective contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or profits, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the terms or your use of (or inability to use) the website , or the mobile application platform or other platforms on the internet as the case may be or any integrated service, or the message features or any other interactions with Factr, even if Factr or a Factr authorized representative has been advised of the possibility of such damages.
- This section does not in any manner limit our liability for death or personal injury caused by our negligence; under the consumer protection act 1986; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
NOTE: If you are under the age of 18, it is mandatory that your parent or guardian has read and accepted the terms and conditions mentioned hereinabove on your behalf and by your use of the site it is deemed that You have obtained parental consent for the same. If your parent or guardian has not read and agreed to the terms and conditions, You will not have permission to use our site. Factr has the right to contact the parents of any user as and when required for forwarding any educational effort.
- Consent for Receipt of Phone Calls, SMSs and/or E-mails:
- It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted by Factr, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages; (ii) by way of SMS or email notifications or messages in any other electronic form (iii) Chat Support tools; (iv) Facebook Messenger, Twitter, Instagram or any other social media network; (v) Whatsapp, Telegram, Viber and any other such messaging modes
- No Waiver:
- The failure of Factr to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Us.
- No Partnership:
- You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and Factr as a result of these Terms or your access to or use of the Website.
- Governing Law:
- The Terms will be governed by and construed in accordance with the laws in force in India.
- You agree, in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts in India for the resolution of all such disputes.
- If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
- Entire Agreement:
- The Terms constitute the entire agreement between You and Factr relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms as discussed hereinabove.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE POLICY, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.