Terms & Conditions

TERMS AND CONDITION

SMART PUSTAK comes under the company of ‘’Super Eduventure Pvt Ltd’’. SMART PUSTAK provides online courses which includes - online classes, live demo classes, doubt clearing sessions, scholarships and even online test assessments for the students seeking to enrol for such services available at www.smartpustak.com and it can be downloaded in the mobile application, tablet and other smart devices also.

1. By accessing or using the website, Application or Services or even by downloading or posting any content available on the website via the applications, user would be indicating that the user, have read the terms and condition of SMART PUSTAK and understood to agree to be bound by the terms and receive our products and services whether or not user have registered with the website or application.
2. using the website, applications and its services, the user agrees to be legally bound by the terms and conditions that whether or not user become a registered, this terms govern the user access to use of the website, application and services that constitute to bind a legal agreement between the user and SMART PUSTAK that the user further accepts to allow to be reachable by the company through call for providing existing services and for providing information on new products and services and will not be subjected to DND regulations for any such calls made by the company.
3. There will be certain areas in the website and application which may have different terms and conditions, guidelines and policies posted or may be required to be posted in the future, the user has to agree with and also accept all the additional terms and conditions made by the company in the future. If there any conflict arises between these terms and conditions in any specific area of the website, application or Services the terms and conditions will take with respect to user to use or access that area of the website, application or services.

TERMS AND CONDITIONS OF WEBSITE/APPLICATION

1. Persons who are competent or capable of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all the products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for the products or services offered by the company. As a minor if the user wishes to use SMART PUSTAK products or services the user has to take the permission of the legal guardian or parents, who has agreed to the terms. In the event a minor utilizes the application, website, service or products it is assumed that he or she has obtained the consent of the legal guardian or parents made available by the legal guardian or parents. SMART PUSTAKI is not at all responsible for any consequence that arises as a result of the misuse of the terms any kind of the application or the product or service that occur by virtue of any person including a minor registering for the services or products provided. By using the products or services the user warned that all the data provided by the user has to be accurate and complete. User using of the application has to be obtained by the consent of parent or legal guardian. SMART PUSTAK reserves all the right to terminate the user’s subscription and refuse to provide the access to the products or service. If discovered that user is under 18 (eighteen) years and the consent to use the SMART PUSTAK’s products or services is has to be permitted by the parent or legal guardian or any information provided by the user is inaccurate then the subscription will be terminated. User should acknowledge that the SMART PUSTAK is not at responsible to ensure that the user confirm to the eligibility criteria. It shall be the user’s sole responsibility to ensure that the required qualification is all correct. Any persons under the age of 18 (eighteen) should seek the consent of their parents or legal guardians before providing any Information about themselves or their parents and other family members on the Application.

2. GDPR

SMART PUSTAK respects and agree to the terms of “General Data Protection Regulations” below are some of the major points we cater to-

2.1 SMART PUSTAK explains about what the user is consenting to clearly and without legalese, and ask that you explicitly consent to contact from us.

2.2 In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.

2.3 Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose.

2.4 We allow you to receive the personal data concerning you, which we will provide in a commonly used and machine-readable format and you have the right to transmit that data to another controller.

2.5 We implement appropriate technical and organisational measures, in an effective way and protect the rights of data and subjects. We hold and process only the data absolutely necessary for the completion of our duties as well as limiting the access to personal data to those needing to act out by the processing.

3. You are not allowed to decompile, reverse engineer, or disassemble the contents of the Application, website, services or products to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the application, website, services or products to remove any copyright, trademark registration, or any other proprietary notices from the contents.
4. The user is not allowed to stalk, intimidate or harass another or inciting other to commit violence. If any of the user represents their own id wrongly then the subscription will be terminated.
5. The user is not allowed to use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to increase traffic to the application, website, service or products to access, acquire, copy or monitor any portion of the application, website, service, product or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the application, website, service, product.
6. You are not allowed to alter modify and part of the service available and advocate, encourage, or assist any third party in doing any kind of the foregoing.

7. CHILD SAFETY TERM

7.1 Child safety policy is to be maintained by all the employees working with SMART PUSTAK who may be full-time, part-time, permanent, temporary or in contract basis.

7.2 Every teacher and employee associated with SMART PUSTAK has be in their best behaviour, non-judgemental attitude, treat every child with empathy, create an environment where children feel free to share their view, use appropriate language, do not take any picture or video of any children without the consent of their parents, do not share any information of the children or parents with any unauthorised person.

7.3 Every teacher and employee associated with SMART PUSTAK is not allowed use or encourage the use of alcohol, drugs, cigarettes or other intoxicating substance in any of your interaction with children, do not develop any form of relationship or arrangement with children including but not limited to financial, which could be deemed to be exploitative or abusive, do not share with or show children online or offline any inappropriate content including pornographic material or material that encourages crime, violence, racism, sexism, self-harm, suicide, cruelty.

8. USER CONDUCT TERM

8.1 The user agrees and understands that the user is solely compliance for with any rule, law, regulation, and tax obligation that may occur to the use of website, application or service that may not and will disagree to the tax paying term.

8.2 Not allowed to use the website, application or services for any commercial or other purposes that are not expressly permitted by these terms or in a manner that falsely implies SMART PUSTAK endorsement, partnership or otherwise misleads others as to your affiliation with SMART PUSTAK.

8.3 Not allowed to dilute, tarnish or otherwise harm the SMART PUSTAK or its Parent company (Super Eduventure pvt. Ltd.) brand in any way, including through unauthorized use of Collective Content, registering or using derivative terms in domain names, trade names, trademarks or other source identifiers, or registering or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to SMART PUSTAK domains, trademarks, taglines, promotional campaigns or Collective Content.

9. REPORTING MISCONDUCT

If any of the user feel is acting or has acted inappropriately and not limited to any other user who
9.1 if the user engages in any of the offensive behaviour like violence or sexually inappropriate behaviour,
9.2 engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SMART PUSTAK by contacting us with your police station and report no. is provided the user report will not obligate to SMART PUSTAK to take any action beyond that required by law or cause company to inaccuracy.

10. CONTENT AND LICENSE

SMART PUSTAK grants the user a limited, non-exclusive, non-transferable license, to
10.1 access and view any SMART PUSTAK content solely for personal and non-commercial purposes 10.2 access and view any member content to which you are permitted access, solely for your personal and non-commercial purposes. User have no right to sublicense the license rights granted in this section.

User will not use or copy or adapt or modify and prepare derivative works based upon the distribute or license or sell or transfer or display or publicly perform or transmit or broadcast or otherwise exploit the website, application or services, except as expressly permitted in the terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SMART PUSTAK or its licensors, except for the licenses and rights expressly granted in these terms.

11. MEMBER CONTENT TERM
    SMART PUSTAK may, in the sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through SMART PUSTAK promotional campaigns, the user hereby grant to SMART PUSTAK a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, by the means of promote or market the website, application and services. SMART PUSTAK does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
12. HYPERLINKS TERM
    SMART PUSTAK is not responsible or liable for any for availability or accuracy of such websites or resources. Links to such websites or resources do not imply any of the endorsement by SMART PUSTAK of such website, resource or content, product, services available on those website.
13. In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damage, including the result from loss of use, profits or any other claim arising or in connection with the user to access to of the application.
14. In the event of Your breach of these Terms, you agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. SMART PUSTAK shall be entitled in any event to obtain an injunction against the breach from any court of the competent jurisdiction. The company will have all the right to obtain such relief shall not be limited to its right to obtain other remedies.
15. Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In those instance, SMART PUSTAK may also disclose user account’s information if required by any Government. User should understand that the violation of any of these term and condition could result in civil or criminal liability under any of the applicable laws.
16. DISCLAIMER OF WARRANTIES

The Company has the right to change modify, suspend, or discontinue or eliminate any aspects, features or functionality of the Application or the Services as it deems fit at any time without notice. Further SMART PUSTAK will have all the right to amend any of the term and condition from time to time without prior notice to the user. SMART PUSTAK makes no commitment to maintain or continue any aspect of the application. If the user agrees that the company shall not be liable to user or any third party for any modification, suspension or discontinuance of the application or services and even the prices are subjected to change without any notice.

17. The contents of the application, services or products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the application, services or products is not endorsed as a substitution to the curriculum base 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. SMART PUSTAK acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the application, services or products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our services, website or products does not in any manner guarantee admission to any educational institutions or passing of any exams or the achievements of any kind of specified percentage of marks in any kind of examinations.

18. CONTACT US TERM

By agreeing to this term, all the information provided by the user while filling up the contact details on the Website of SMART PUSTAK the user further be provided with the features like raising queries, comments or make any interaction with SMART PUSTAK. SMART PUSTAK shall have all the rights to reply or not to reply to any such queries or comments.

19. GOVERNING LAW AND JURICDICTION

In any event of dispute arising between SMART PUSTAK and the second party with respect to this agreement, the same shall be referred to the Sole Arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceeding shall be in Hindi or English. The seat and place of arbitration shall be Bhubaneswar and the decision of the Arbitrator shall be final and binding on both parties herein. This contract will be subjected to the exclusive jurisdiction in the courts of Cuttack, Odisha, India and shall be governed by the Indian laws.

Therefore, please read all the terms and the privacy policy of the company carefully to register with us, and to use the application, website, services and products before using.

If any troublesome condition arises in any of the provision in the agreement in part or in whole then then determines to be invalid or unenforceable then only that part of the agreement only that part shall be invalid. The rest of the provision and the remaining part of the provisions shall continue to be to be in full force and effect.