Hi! These are the Terms of Use (the “Terms”) for the products and services of Makkajai Edu Tech Private Limited (“Makkajai”). They were last updated on May 8th, 2019. Please contact us at support@makkajai.com with any questions about these Terms.
IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THESE TERMS OF USE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THEM.
BY ACCESSING A MAKKAJAI SERVICE, DOWNLOADING A MAKKAJAI APPLICATION, OR CONTINUING TO USE SUCH SERVICES OR APPLICATIONS, YOU ACKNOWLEDGE THAT:
(1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION;
(2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT;
(3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.
IF YOU OR YOUR PARENT/LEGAL GUARDIAN DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE DISCONTINUE ANY ACCESS OR USE OF MAKKAJAI’S SERVICES OR APPLICATIONS. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF SUCH ACCESS OR USE.
CONTENTS:
1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
Makkajai provides various applications, features, content, plug-ins, widgets, downloads, or services (collectively the “Services”) to you, the user, subject to your compliance with these Terms, as well as any other written agreement between us and you. These Terms govern your and your children’s use of any online Services location (e.g., website or mobile app) that posts a link to these Terms (including both mobile and online versions). These Terms apply regardless of how you access or use the Services, whether via personal computers, mobile devices or otherwise, unless additional or different terms or written agreements are agreed to between us and you. By using the Services, you acknowledge and accept the Services’ Privacy Policy (published athttp://www.makkajai.com/privacy-policy) and consent to the collection and use of your data in accordance with that Privacy Policy.
THESE TERMS, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT WWW.MAKKAJAI.COM/TERMS, AND INCORPORATING THE MAKKAJAI PRIVACY POLICY (PUBLISHED AT WWW.MAKKAJAI.COM/PRIVACY-POLICY) COMPRISE A LEGAL AGREEMENT BETWEEN YOU AND MAKKAJAI.
Although we may attempt to notify you when major changes are made to these Terms, you acknowledge and agree that it is your responsibility to review these Terms from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms from the date of posting forward. Your continued use of the Services after a modification has been made to the Terms constitutes your acceptance of such modification.
You may not use the Services in any way that is for commercial purposes, is unlawful, or harms Makkajai or any other person or entity.
2. APP STORE SUBSCRIPTION TERMS
Makkajai – Genius is a subscription that gives access to all Makkajai apps titles, including new apps and content as we release them. As a user you will continue to have full access to all Makkajai apps for every month or partial month you remain subscribed.
Payment will be charged to your iTunes Account at confirmation of purchase. This will start the monthly billing cycle or “current period.”
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
Your Account will be charged the yearly fee for renewal within 24-hours prior to the end of the current period.
For trials - the full price for the subscription will be charged unless subscription is cancelled at least 24-hours before the end of the trial period.
Subscriptions may be managed by you and auto-renewal may be turned off by going to your Account Settings. To do this, go to “iTunes & App Store” in Settings on your iPad or iPhone, tap on your Apple ID, View Apple ID, and tap “Manage” under “Subscriptions.”
Any cancellation will not go into effect until the end of the billing cycle, and you will continue to have full use of the Makkajai apps for the current period.
All other iOS App Terms are detailed at section 20, below.
3. USER INFORMATION
Makkajai’s collection, use, and disclosure, if any, of information collected from you or a child authorized by you is detailed in the Makkajai Privacy Policy (published at www.makkajai.com/privacy-policy), which is incorporated by reference and made a part of these Terms.
4. USER ACCOUNT
YOU ACKNOWLEDGE AND AGREE THAT SHOULD MAKKAJAI PROVIDE THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MAKKAJAI. Makkajai does not recognize the transfer of any account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Terms, either in whole or in part, without the prior written consent of Makkajai. Any attempt to do so shall be void and of no effect.
5. CONDUCT THROUGH THE SERVICES
You are solely responsible for your conduct through the Services and agree that you will not:
5.1 Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Services:
any pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
material that is harmful, abusive, defamatory, libelous, obscene, infringing, invasive of another’s right of privacy or publicity, hateful, offensive, objectionable, or otherwise inappropriate as determined by Makkajai in its sole discretion;
material or User Submissions (defined below) or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Services, other users’ access to the Services, and/or other users’ computers.
5.2 Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
5.3 Violate any applicable laws or regulations, or promote or encourage any illegal activity.
5.4 Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a Makkajai representative.
5.5 Gain or attempt to gain unauthorized access to the Services, to other users’ account or profile information, or to computer systems and/or networks connected to the Services.
5.6 Make false reports through the Services or to Makkajai’s administrators.
5.7 Take any action that (as determined by Makkajai in its sole discretion) may impose an unreasonable or disproportionately large load on Makkajai’s (or third party providers’) infrastructure.
5.8 Engage in fraudulent transactions.
5.9 Establish more than one account to participate in Services.
5.10 Use the service for any form of wagering or gambling.
6. INTELLECTUAL PROPERTY
6.1 Content
Content: The Services may contain a variety of content including, without limitation: (i) information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Services; (ii) trademarks, logos, trade names, service marks, and trade identities of Makkajai and our licensors; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). This includes support forums and other original content
Ownership: The Services (including past, present, and future versions) and the Content are owned or controlled by Makkajai and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Services is the property of Makkajai, our licensors, or certain other third parties, and is protected by Indian and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Makkajai owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services. You are only permitted to use the Content as expressly authorized by Makkajai or the specific Content provider, and only through the functionality of the Services.
Limited License: Subject to your strict compliance with these Terms and any applicable additional terms that may be included in the Services, Makkajai grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download, display, view, use, and play the Content (excluding source and object code, other than as made available to access and use to enable display and functionality) solely through the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”), and (ii) to use certain Content that we may from time to time make available on the Services solely and explicitly for you for use as part of your User Submissions (defined below) (“Licensed Elements”), but solely for use within the functionality of the Services and only for such purposes as may be explicitly stated at the time that the Licensed Elements are made available on the Services. We and our licensors and certain other third parties, as the case may be, retain ownership of such Content. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, (ii) may be immediately suspended or terminated for any reason, in Makkajai’s sole discretion, and without advance notice or liability; and (iii) does not permit you to use any Content or Licensed Elements outside the functionality of the Services without the express written consent of Makkajai (e.g., if the Services permit you to create a video using Content on the Services, you are prohibited from posting that video on YouTube or any other video service and may only use that video within the Services without the express written consent of Makkajai).
Reservation of All Rights Not Granted as To Content and Services: These Terms and any applicable additional terms include only narrow, limited grants of rights to the Content within the functionality of the Services and to use and access the Services solely as permitted herein. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Makkajai and its licensors and other third parties. Any unauthorized use of any Content or the Services for any purpose is prohibited.
6.2 Restrictions
By use of the Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell, or otherwise make reproductions or copies of the Services or Content in any way inconsistent with the rights provided to you by Makkajai herein; (ii) remove any applicable, relevant identification, copyright, trademark, or other notices relating to the intellectual property or other property of Makkajai; (iii) attempt to access source or object code of the Services, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, or modify (including the creation of any derivative works of) the Services; (v) create code, software or other program that incorporates any elements of the Services; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Services for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Services in any way.
6.3 Your Grant of Rights
The Site may now or in the future according to the collection and use of information practices outlined in our Privacy Policy (published at www.makkajai.com/privacy-policy) offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services certain user-generated text, information, data, audio files, videos, graphics, photographs, or other content, including incorporating Makkajai or third-party Content with user-generated content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions solely within the Services. User Submissions may be published by Makkajai and viewed by both other users of the Services. You understand and acknowledge that Makkajai does not guarantee any confidentiality with respect to any User Submissions. If Makkajai provides the ability for you to submit User Submissions to the Services, you acknowledge that you are the owner of any Intellectual Property rights in any such User Submissions that you submit, or have sufficient rights to submit the User Submissions to the Services without infringing any third-party rights. If the Services permits you to use Makkajai or third-party Content on the Services, you will not own that Content, but have the limited license to use the Content solely as permitted by the functionality of the Services. You will not be able to distribute, post, use or otherwise exploit User Submissions that incorporate Makkajai or third-party Content outside of the Services, without the express written consent of Makkajai (e.g., you can’t post your User Submission on YouTube or Vimeo, without the express written consent of Makkajai). Except to the extent the Services permits you to use Makkajai or third-party Content within a User Submission, Makkajai does not claim any ownership rights in any User Submission that you may submit or offer through the Services. However, to the extent you submit any User Submission, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Makkajai to:
6.4 Submission of Ideas
To the extent that you submit, via the Services or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Services, you agree that such Ideas are not confidential, and Makkajai shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant Makkajai, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Services, or any Makkajai product or service, without compensation, credit or accounting to you and without further recourse by you.
7. CHARGES AND BILLING
7.1 Paid License
The Services is an online system that may allow parent-authorized purchases funded by a credit card or other payment method from participating merchants using the Services. By using the Services, you acknowledge and accept the Services’s Privacy Policy (published at www.makkajai.com/privacy-policy) and consent to the collection and use of your data in accordance with the Privacy Policy (published at www.makkajai.com/privacy-policy). To the extent that Makkajai establishes aspects of the Services are only available to those users opting for additional paid licenses and you elect to use such paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges as described in the Services.
THE PURCHASE OF ANY PAID LICENSE IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF A SERVICE FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF A SERVICE.
7.2 Fees
You agree to pay all fees or charges incurred by you or any child authorized by you, including applicable taxes, in accordance with these Terms and the billing terms that are in effect at the time that the fee or charge becomes payable. You acknowledge that Makkajai may utilize certain third-party providers to collect or otherwise process any such fees and charges. Any additional, separate charges or obligations you directly incur with said third-party are your responsibility. MAKKAJAI MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD PARTY. Unless otherwise indicated, all prices are in Indian Rupees or United States Dollars and do not include Internet service provider, telephone, and other connection charges.
8. THIRD PARTY WEBSITES AND INFORMATION
The Services may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under Makkajai’s control, and you acknowledge that Makkajai is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is Makkajai responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Neither Makkajai nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “Makkajai Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Services.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
MAKKAJAI MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE MAKKAJAI PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICES OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE RELATED TO THE SERVICES IS TO STOP USING THE SERVICES, AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE MAKKAJAI PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE MAKKAJAI PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.
THE LIABILITY OF THE MAKKAJAI PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold Makkajai and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Services, or those of any child authorized by you; (b) any violation of these Terms by you or any child authorized by you; or (c) any allegation that any content that you or any child authorized by you make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. Makkajai reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Makkajai in asserting any available defenses.
11. SERVICES TERMINATION, SUSPENSION AND CHANGES
Makkajai reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the Services at any time, for any reason or no reason, with or without notice to you. Additionally, Makkajai may terminate or suspend your use of the Services for violation of these Terms or violation of any other policy related to the Services (including the policies of affiliates accessible by the Services). Without limiting the foregoing, your access to the Services may be terminated without warning if Makkajai believes, in its sole discretion, that you are under the age of eighteen (18) years but do not have your parent’s or guardian’s permission to register for and/or access the Services. You agree that Makkajai shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and you will have no further access to the Services and shall have no right to any refund of any amounts paid to Makkajai.
12. SURVIVABILITY OF TERMS
The Terms set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate and discontinue use of the Services at any time, pursuant to the terms of these Terms. The provisions of Sections 1, 2, 3, 5 through 7, and 9 through 18 shall survive any termination of these Terms.
13. ASSIGNMENT
Makkajai may assign these Terms, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without Makkajai’s express prior written consent.
14. GOVERNING LAW
The Services (excluding any linked websites) are governed by the laws of the Republic of India. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services. Although the Services may be accessible worldwide, we make no representation that materials on the Services are appropriate or available for use in locations outside India, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. DISPUTE RESOLUTION
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. You and Makkajai agree that any cause of action arising out of or related to the Services shall be heard under the laws of the Republic of India.
You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to these Terms or any of the transactions contemplated herein or related to the Services or any contests or services thereon will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. Makkajai will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any. You may send any notice to Makkajai to the addresses listed below.
If the Dispute is not resolved through informal negotiations, the Dispute shall be finally and exclusively referred to binding arbitration before a sole arbitrator to be appointed by Makkajai. The arbitration shall be conducted in English in Mumbai in India. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this section.
The parties agree that any arbitration shall be limited to the Dispute between you and Makkajai individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis and you agree to no class action as set forth below; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If you have a dispute with another user of the Services, you release Makkajai (and Makkajai’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Makkajai, at its sole discretion, may try to help resolve disputes between users; however it has no obligation to do so.
No Class Action Matters: YOU AND MAKKAJAI AGREE THAT WITH RESPECT TO ARBITRATION DISPUTES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. All Disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court in India with competent jurisdiction holds that the restriction set forth in this Section is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the High Court of Mumbai. Notwithstanding any other provision herein, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this “No Class Action Matters” section, are to be decided only by a court in India of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
16. NOTICES
All notices to a party shall be in writing and shall be made either via email or conventional mail. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to Makkajai must be sent to the attention of Customer Service at support@makkajai.com, if by email, or to Makkajai at the address below if by conventional mail. Notices to you may be sent to the email or mailing address supplied by you as part of your account or user profile, if any. In addition, we may broadcast notices or messages through the Services to inform you of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
You may contact Makkajai at the following address:
Makkajai Edu Tech Private Limited
F-702, Roseland Residency,
Pimple Saudagar, Near Kunal Icon,
Pune – 411 027
Phone: +91-9663230314
17. ENTIRE AGREEMENT
These Terms constitute the entire agreement and understanding between Makkajai concerning the subject matter of the Terms and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and Makkajai. To the extent that anything in or associated with the Services is in conflict or inconsistent with these Terms, these Terms shall take precedence.
18. SEVERABILITY
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
19. MISCELLANEOUS
Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Makkajai with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
20. ADDITIONAL TERMS FOR IOS APPS
By using the Services through Apple’s App Store (“iOS Products”), you agree that the following additional terms apply to your use of our iOS Products:
20.1 These Terms are not a legal agreement with Apple, Inc. (“Apple”). As between Makkajai and Apple, Makkajai (not Apple) is responsible for the iOS Products and the contents thereof.
20.2 The license to use the iOS Products under Section 5 above is limited to use (a) on iPhone, iPod touch, and iPad devices that you or your Organization own or control, separate from and in addition to any specific technical requirements for any iOS Product, and (b) as permitted by the Usage Rules set forth in the App Store Terms of Service.
20.3 Solely as between Makkajai and Apple, you acknowledge that: (a) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Products; (b) Makkajai (not Apple) is responsible for addressing any claims of yours or any third party relating to the iOS Products or your possession and/or use of the iOS products, including but not limited to (1) product liability claims, (2) any claim that the iOS Products fail to conform to any applicable legal or regulatory requirement, and (3) claims arising under consumer protection or similar legislation; (c) in the event of any failure of the iOS Products to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Products to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Makkajai’s sole responsibility; and (d) in the event of any third party claim that the iOS Products or your possession and use of the iOS Products infringes that third party’s intellectual property rights, Makkajai (not Apple) will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim.
20.4 Apple and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Effective Date: Sep 22, 2021