Terms & Conditions

DATED: 25th day of January, 2016

APP END-USER LICENCE AGREEMENT

between END-USER and mGuru Edulabs Pvt. Ltd.



This End-User License Agreement (hereinafter "Agreement") is dated 25th day of January, 2016.

Please read carefully before downloading the mGuru English Application (hereinafter "App") from the website https://play.google.com/apps/testing/com.mguru.english (hereinafter "Website").

This Agreement is a legal agreement between you ("End-user" or "You" or "Your") and mGuru ("Licensor", "Us" or "We" or "Our") for:

  • The premium version (hereinafter "Premium Version") of the App which contains all material provided by Us for any compatible device (computers, mobile phones, tablets etc., hereinafter referred to as "Device"); or
  • The free version of the App for any Device; as the case may be, and
  • Online documents (hereinafter "Documents").

This is a limited, non-transferable licence for the App and Documents to You on the basis of this Agreement and subject to any rules or policies applied by the Google Play from whose site, located at play.google.com, the End-user downloaded the App (Google Play Rules). We do not sell the App or Documents to You. We and/or the owner of the App and Documents remain the owners of the App and Documents at all times.

Operating system requirements: This App requires Device with a minimum of 32.55 MB memory. Internet access and the Android operating system 4.1 and above.

Notice:

By downloading the App from the Website or clicking on the "Accept" button below You agree to the terms of this Agreement (license) which will be binding on You. The terms of the Agreement include, in particular, "Limitations on Liability" detailed in Condition 7.

If You do not agree to the terms of this Agreement, We will not license the App and Documents to You and You must discontinue the downloading or streaming process (as applicable) immediately [by clicking on the "Cancel" button below]. Consequently, the downloading or streaming process will terminate.

You should print a copy of this Agreement for future reference.


AGREED TERMS:

  1. ACKNOWLEDGEMENTS
    1. The terms of this Agreement apply to the App or any of the services accessible through the App (hereinafter "Services or Service" as the case may be), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply.
    2. We may change these terms at any time by notifying You of a change when You next start the App. The new terms may be displayed on-screen and You may be required to read and accept them to continue Your use of the Services.
    3. From time to time updates to the App may be issued through Google Play. Depending on the update, You may not be able to use the Services unless You have downloaded the latest version of the App and accepted any new terms.
    4. You will be assumed to have obtained permission from the owner of the Devices that are controlled, but not owned, by You and described in condition 2.2.1 and to download a copy of the App onto their Devices. You and they may be charged by Your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this Agreement for the use of the App or any Service on or in relation to any Device, whether or not it is owned by You.
    5. By using the App or any of the Services, You consent that We collect and use technical information about the Devices and related software, hardware and peripherals for internet-based or wireless Services to improve Our products and to provide any Services to You.
    6. The App or any Service may contain links to other independent third-party websites/ applications (Third-Party Sites/ Third-Party Apps). Third-party Sites/ Third-Party Apps are not under Our control. You will need to make Your own independent judgement regarding Your interaction with any Third-party Sites/ Third-Party Apps, including the purchase and use of any products or services accessible through them.
    7. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
  2. GRANT AND SCOPE OF LICENCE
    1. In consideration of You agreeing to abide by the terms of this Agreement, We grant You a non-transferable, non-exclusive licence to use the App and access Documents on Devices, subject to these terms and the Google Play Rules, incorporated into this Agreement by reference. We reserve all other rights related to Your right to use this App and Documents governed by this license.
    2. You may:
      1. download a copy of the App onto an device and to view, use and display the App on Devices only for Your personal purpose; and
      2. use the Documents only for Your personal purpose.
  3. LICENCE RESTRICTIONS
    Except as expressly set out in this Agreement or as permitted by any local law, You agree:
    1. not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
    2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
    3. not to make alterations to, or modifications of, the whole or any part of the App or to the Documents, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
    4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of Law in force in India) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program or application, and provided that the information obtained by You during such activities:
      1. is used only for the purpose of achieving inter-operability of the App with another software program;
      2. is not unnecessarily disclosed or communicated without Our prior written consent of any Third-Party Sites/ Third-Party Apps; and
      3. is not used to create any software and/ or another application that is substantially similar to the App;
    5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
    6. to include Our copyright notice on all entire and partial copies You make of the App on any medium;
    7. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from Us; and
    8. to comply with all technology control laws and other regulations that would be applicable to the technology used or supported by the App or any Service (Technology) (hereinafter "Licence Restrictions").
  4. ACCEPTABLE USE RESTRICTIONS
    You must:
    1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including virus, or harmful data, into the App or Documents or both, or any Service or any operating system;
    2. not infringe Our Intellectual Property Rights or those of any Third-Party Sites/ Third-Party Apps from Your use of the App or any Service (to the extent that such use is not licensed by this Agreement);
    3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App or any Service under the law in force in India;
    4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
    5. not collect or harvest any information or data from any Service or Our systems or attempt to decipher any transmissions to or from the servers running any Service.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to Us or Our Licensors, that rights in the App are licensed (and not sold) to You, and that You have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this Agreement.
    2. You acknowledge that You have no right to have access to the App in source-code form.
  6. NO WARRANTY OR SUPPORT
    1. You expressly acknowledge and agree that use of the App and any Documents and Services provided is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You.
    2. To the maximum extent permitted by the law in force in India, the App, Documents and Services are provided "as is" and “as available”, with all faults and without warranty of any kind, and We hereby disclaim all warranties and conditions with respect to the App, Documents and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third-party rights. We do not warrant against interference with Your enjoyment of the App or Documents, that the functions contained in the App or Services will meet Your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by Us or Our authorised representative shall create a warranty. Should the App or Services prove defective, You assume the entire cost of all necessary servicing, repair or correction.
  7. LIMITATION OF LIABILITY
    1. You acknowledge that the App has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the App as described in the Documents meet Your requirements.
    2. We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. Our maximum aggregate liability under or in connection with this Agreement (including Your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum of Rupees 50. This limitation on liability of the parties under this Agreement shall not prevent You or Us to claim compensation for damages arising out of gross negligence or wilful misconduct of the defaulting party.
  8. TERMINATION
    1. We may terminate this Agreement immediately by written notice to You:
      1. if You commit a material or persistent breach of this Agreement which You fail to remedy (if remediable) within 30 days after the service of written notice requiring You to do so;
      2. if You breach any of the Licence Restrictions or the "Acceptable Use Restrictions"; and
      3. on thirty days notice.
    2. On termination for any reason:
      1. all rights granted to You under this Agreement shall cease;
      2. You must immediately cease all activities authorised by this Agreement;
      3. You must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in Your possession, custody or control and certify to Us that You have done so.
  9. COMMUNICATION BETWEEN US
    1. If You wish to contact Us in writing, or if any condition in this Agreement requires You to give Us notice in writing, You can send this to Us by e-mail at info@mguru.co.in. We will confirm receipt of this by contacting You by e-mail.
    2. If We have to contact You or give You notice in writing, We will do so by e-mail to the email address You provide to Us in Your request for the App and/ or Documents.
  10. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by any act or event beyond Our reasonable control, including failure of public or private telecommunications networks (hereinafter "Events Outside Our Control").
    2. If an Event Outside Our Control takes place that affects the performance of Our obligations under this Agreement:
      1. Our obligations under this Agreement will be suspended and the time for performance of Our obligations will be extended for the duration of the Events Outside Our Control; and
      2. We will use Our reasonable endeavours to find a solution by which Our obligations under this Agreement may be performed despite the Events Outside Our Control.
  11. OTHER IMPORTANT TERMS
    1. We may transfer Our rights and obligations under this Agreement to another organisation, but this will not affect Your and Our rights and obligations under this Agreement.
    2. You may only transfer Your rights or obligations under this Agreement to another person if We agree in writing.
    3. If We fail to insist that You perform any of Your obligations under this Agreement, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
    4. Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    5. Refund:
      Contact Us for refund at info@mguru.co.in concerning any defects in the App or issue relating to the performance of the App. We shall process the refund through payment gateways integrated with the App a refund in case there is a legitimate issue with the App or the App purchase has been made within the last 24 hours. Once the refund is granted You may no longer be able to access the Premium Version of the App.
      We shall have the sole discretion to ascertain whether refund applicable.
    6. Dispute Resolution: please note that this Agreement, its subject matter and its formation, are governed by the law in force in India. You and We both agree that the courts of Maharasthra will have exclusive jurisdiction on all matters and disputes arising out of and relating to Your use of Our App and Documents.

This agreement has been entered into on 25th day of January 2016.