Welcome to EMILLY (Extramarks Interactive Language Learning For You), an online learning platform supplementing the pursuit of learning excellence powered by Extramarks Education India Pvt Ltd (also referred to as Extramarks). By using EMILLY, you (sometimes hereinafter referred to as “User”) accept and agree to be bound by the following terms and conditions. Nothing contained in these Terms of Service (ToS) should be construed to confer any rights to a third party beneficiary. The website is www.emilly.com and the Emilly Application is (hereinafter collectively referred to as "Site").
CHANGES TO EMILLY AND TERMS AND CONDITIONS
Extramarks reserves its right to modify or terminate the EMILLY service for any reason, without prior notice, without liability to the user or any other members or third party. Extramarks also reserves the right to modify the ToS from time to time without notice. The user agrees to regularly review the ToS to keep himself apprised of any such changes.
ELIGIBILITY, REGISTRATION AND ACCESS
The decision to grant access to EMILLY is the prerogative of Extramarks and its decision in this respect shall be final and binding on you. 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 of the present 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 Site, the User must obtain access to the World Wide Web (commonly referred to as internet), either directly or through devices that access web-based content, and pay for the service fees associated with such access. In addition, the User must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices that do not form a part of the service.
TERMS OF SERVICE
- The use of the site EMILLY, or any of its services or features provided by the Site, the information and material contained therein, implies and constitutes the user's consent to this agreement, and the User unequivocally agrees to abide by these terms and conditions.
- The User agrees that Extramarks has opinions regarding the content on the Site and these opinions regarding content contained on the Site may be different from those prevalent at that point of time. The User is aware and agrees that these opinions are subject to change from time to time without prior intimation to the User.
- The answers, information, material and content have been posted on EMILLY by exercising due diligence and care and are correct and true to the best of the knowledge and intent of Extramarks. However, the User agrees to independently verify the authenticity and veracity of the answers, information, material and content posted on the Site. Extramarks does not hold any responsibility as to the authenticity and veracity of the answers, information, material and content on the Site. The user agrees to indemnify Extramarks against all actions brought out in this regard. The answers, information, material and content on the Site should not be construed as an advice to the User. Any action taken by the User on the basis of the information contained on the Site is the responsibility of the User alone and Extramarks will not be liable in any manner for the consequences of such action taken by the User.
- The User agrees and understands that the information available on the Site is not meant for supplementing the knowledge of the User and promises to hold Extramarks free of all liabilities that may arise from the direct or indirect use of the information available on the Site.
- The User agrees that the time limits, if any, stipulated by Extramarks on the Site for providing the answers to the queries of the User are only indicative and not definitive. The User understands that the queries of the User may not be answered in a time bound manner due to a high volume of queries at a given point of time.
- The User agrees that certain queries of the User may not be answered by Extramarks due to the highly complex nature of the query, the answers to which can only be provided by having access to specialized and highly skilled resources that are not available with Extramarks due to its limited resource base. The User agrees that answers to queries requiring detailed and advanced graphics is outside the ambit of these terms of service.
- The User understands that content posted on the Site 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 Site. Extramarks, for its services rendered through the Site, does not provide any implied warranties of merchantability, fitness for a particular purpose. Extramarks shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at the Site.
- The User is aware and understands that Extramarks does not provide any judgment or warranty regarding the authenticity or correctness of the content of other services or sites that the screen links refer to. The user is aware and understands that a link to another service or site is not an endorsement of the service or site and Extramarks shall not be responsible in any manner whatsoever for the consequences of any act or omission on the part of the User on the basis of the information contained in such other services or sites.
- Extramarks reserves its right to monitor the use of all or any part of the Site without any prior intimation or any obligation to the User.
- The User agrees that he shall not alter the information, content or material or use of such information, content or material contained on the Site for any purpose that constitutes a violation of the copyright of Extramarks or of a third-party information provider. The User agrees not to copy, reproduce, republish, upload, post, transmit or distribute the material in any way for any use without obtaining the prior written consent from Extramarks.
- The User agrees that he shall not solicit or invite other users to share the credits/points/pack/course/anything else that he earns, that accrue to him in his individual capacity; and agrees not to sell the credits/points/pack/course/anything else for any consideration to any third party. In case of a violation of this condition the User shall become liable to pay for the credits/points/course/pack/anything else that he has sold or shared and shall forfeit all his credits/points/course/pack/anything else accumulated and his account shall be terminated.
- If the User does not agree to any of the terms mentioned in this agreement, then the User should exit the Site.
ACCESS SECURITY AND PASSWORD
- The User may receive a password and account designation upon completing the registration process for the Site. The User undertakes to maintain the confidentiality of the password and account, and shall be held solely responsible for all acts and omissions that occur under his password or account. Extramarks cannot and will not be liable for any loss or damage arising from the User's failure to comply with the terms and conditions of this agreement. The User should always remember to LOG OFF COMPLETELY from the Site, if he is accessing it from a public place and also change his password often, and be sure to change it to something inconspicuous.
USER CONDUCT AND PROHIBITED ACTS
Extramarks’ Sites made available for personal, non-commercial use only. Businesses, organizations or other legal entities are strictly debarred from using the Site for any purpose.
The User is prohibited from using the Site for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from India. The User is solely responsible for his conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other material that he submits, posts, and displays on the Site.
Extramarks may at its sole discretion remove information, content or material that is incorrect, inaccurate, unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Other examples of illegal or unauthorized uses include, but are not limited to:
- Modifying, adapting, translating, or reverse engineering any portion of the Site;
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Site;
- Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Site;
- Collecting any information about other users (including usernames and/or email addresses) for unauthorized purposes;
- Reformatting or framing any portion of the web pages that are part of the Site; creating user accounts by automated means or under false or fraudulent pretenses;
- Creating or transmitting unwanted electronic communications such as "spam," or chain letters to other users or otherwise interfering with the other user's usage of the Site;
- Submitting information or material of any third party without such third party's prior written consent;
- Directing any user (for example, by linking) to any information or material of any third party without such third party's prior written consent or the user’s consent;
- Submitting information or material that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- Submitting information or material that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
- Harm minors, children and women in any way or "stalk" or otherwise harass others
- Submitting information that is obscene, voyeuristic or contains pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or cause to be displayed or transmitted or circulated through the site in any electronic form, any material which is lascivious or appeal to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to the fact that the Site is meant for educational and academic pursuit.
- Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or a threat to the nation's communal harmony, peace and security.
- Upload, post, email or otherwise transmit any content that the User doesn't have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Interfere with or disrupt the Site or networks / servers connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Any other conduct, act or behavior that is illegal or unlawful.
While Extramarks prohibits such conduct and content on the Site, the User understands and agrees that he nonetheless may be exposed to such information materials and that he shall immediately inform Extramarks of such violation. If the User continues to use the Site he shall do so at his own risk and peril.
Certain elements of the Site will contain material submitted by users. Extramarks accepts no responsibility for the material and contents, accuracy, conformity to applicable laws of such material.
Extramarks may at its discretion display advertisements on the Site. The Users' correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, 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 Site.
User acknowledges and agrees that the Site and any necessary software used in connection with the Site contains proprietary and confidential information that is protected by the intellectual property and other laws of India. User further acknowledges and agrees that material and content contained in sponsor advertisements or information presented to the user through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Extramarks or advertisers, as the case may be, in writing, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
- Use of the Site is at the User's sole risk. The Site is provided by Extramarks on an "as is" and "as available" basis. Extramarks expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Extramarks makes no warranty that (i) the Site will meet the user's requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the User through the Site will meet User's expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Site is done at the User's own discretion and risk and that User will be solely responsible for any damage to the User's computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by the User from Extramarks or through or from the service shall create any warranty not expressly stated in this ToS.
LIMITATION OF LIABILITY
Under no circumstances will Extramarks be liable to the User for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the Site, whether or not Extramarks has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Site, from inability to use the Site, or from the interruption, suspension, or termination of the Site (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Under no circumstances shall Extramarks be liable to the User for any amount exceeding one thousand rupees.
The User agrees to indemnify and hold Extramarks, and its subsidiaries, directors, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content the User submits, posts or transmits through the Site, the User's use of the Site, the User's connection to the Site, the User's violation of this ToS, or the User's violation of any rights of another.
NO RESALE OF SERVICE
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Site, use of the Site, or access to the Site.
MODIFICATIONS TO THE SITE
Extramarks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. The User agrees that Extramarks shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Site.
Notices to the User may be made via email or regular mail. The Site may also provide notices of changes to the TOS or other matters by displaying notices or links to notices, to the User.
The Site design and the service marks, other logos, products and service names are trademarks of Extramarks. The User agrees not to display or use in any manner, the trademarks of Extramarks.