AGREEMENT TO OUR TERMS OF SERVICE AND CONDITIONS
This document constitutes the Terms of Service (“Terms”) of EDBINARY TECHNOLOGIES PRIVATE LIMITED (“Company,” “we,” “us,” or “our”), a company registered in India with its registered office at H.NO. 2-11-37, Flat No. 103, Balaji Nivas, Beerappagadda, Uppal, Hyderabad – 500039, Telangana, India.
These Terms govern your access to and use of the mobile application “MOCKKIT” (the “App”) and any associated products and services that reference or link to these Terms (collectively, the “Services”). The App is designed to support students preparing for various academic and competitive examinations that are based on multiple-choice questions. It provides an interactive platform that includes free mock tests, live exams, detailed performance analytics, leaderboards, rewards, and other features to facilitate academic and competitive success.
For any inquiries, you may contact us via phone at +91 9133992929, email at contact@mockkit.com, or mail at the above-mentioned address.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from accessing or using the Services immediately.
Notifications regarding updates to these Terms will be provided to users within the App and also via WhatsApp.
MINOR USERS
If you are a minor in your jurisdiction (generally under the age of 18), you must have the consent and be under the direct supervision of a parent or legal guardian to use the Services. Your parent or guardian must read and agree to these Terms on your behalf before you access or use the Services.
INDEX
- SERVICES
- INTELLECTUAL PROPERTY RIGHTS (IPRs)
- USER DECLARATIONS
- USER ACCOUNT REGISTRATION
- UNAUTHORIZED CONDUCT
- USER-PROVIDED CONTENT
- AUTHORIZATION OF USER CONTENT
- MOBILE APP DETAILS
- ADVERTISING PARTNERS
- MANAGEMENT OF SERVICES
- PRIVACY POLICY
- COPYRIGHT VIOLATIONS
- DURATION OF LEGALITY AND TERMINATION
- UPDATION OF CONTENT AND SERVICE AVAILABILITY & LIMITATIONS
- LEGAL JURISDICTION
- LEGAL REMEDIES
- AMENDMENTS
- EXCLUSION OF WARRANTIES
- LIABILITY DISCLAIMERS
- PROTECTION CLAUSE
- ACCOUNT INFORMATION
- DIGITAL COMMUNICATION AUTHORIZATION
- SMS COMMUNICATION PROTOCOL
- ADDITIONAL GENERAL PROVISIONS
- OFFICIAL CORRESPONDENCE
1. SERVICES
The utilization of information disseminated through the Services is not aimed at distribution to or utilization by any individual or entity in any jurisdiction or country where such dissemination or utilization would contravene local laws or regulations or would necessitate our registration within said jurisdiction or country. Individuals opting to access the Services from locations outside India do so autonomously and bear the responsibility for adhering to local laws, to the extent they are pertinent.
2. INTELLECTUAL PROPERTY RIGHTS (IPRs)
Ownership of Intellectual Property
We own or hold licenses for all intellectual property rights in our Services, including source code, databases, software, designs, multimedia content, and trademarks. These rights are protected by copyright and trademark laws globally.
Permitted Use
Subject to compliance with these Legal Terms, you are granted a non-exclusive, revocable license to access and use the Services for personal or internal business purposes. You may download or print Content for personal use only. Any commercial use requires our express written permission.
Restrictions
Except as permitted by these terms, no part of the Services or Content may be used for commercial purposes without our prior written consent. Requests for alternative use should be directed to contact@mockkit.com. If granted permission, you must acknowledge us as the owners or licensors of the Content.
Reserved Rights
All rights not expressly granted to you are reserved by us. Any violation of these Intellectual Property Rights will result in immediate termination of your access to our Services.
User Submissions and Contributions
Submissions: By sending us any information about the Services, you agree to assign all intellectual property rights to us, allowing us unrestricted use for lawful purposes.
Contributions: When posting content on the Services, you grant us an extensive license to use, reproduce, and distribute your Contributions for various purposes, including commercial use. This license includes the use of your name and trademarks.
Responsibility for Contributions
You are solely responsible for the content you post or upload. You must ensure that your Contributions comply with our guidelines and applicable laws. Any breach of these terms may result in liability for losses incurred by us.
Content Management
Although we are not obligated to monitor Contributions, we reserve the right to remove or edit any content deemed harmful or in violation of our terms. We may also suspend or disable accounts in such cases.
3. USER DECLARATIONS
Compliance with Laws
Your use of the Services must comply with all applicable laws and regulations in India.
Legal Capacity and Compliance
You warrant that you have the legal capacity to enter into and abide by these Legal Terms. If you are a minor, you affirm that you have obtained parental consent to use the Services.
Accuracy of Information
You affirm that all information provided during registration is true, accurate, and complete. You commit to maintaining the accuracy of this information and updating it promptly when necessary.
Consequences of Misrepresentation
Providing false, inaccurate, or incomplete information may result in the suspension or termination of your account and the denial of access to current or future use of the Services.
Prohibited Activities
You agree not to access the Services using automated or non-human means, and you will not engage in any illegal or unauthorized activities while using the Services.
4. USER ACCOUNT REGISTRATION
Account Responsibility
You may be required to undergo registration for accessing specific functionalities within the Services. It is incumbent upon you to ensure the confidentiality of your account particulars, including but not limited to your mobile number and any one-time passwords (OTPs) generated to gain entry into the application’s content.
User Provided Information
We reserve the right to remove, reclaim, or modify any user provided information that we deem inappropriate, obscene, or objectionable at our sole discretion.
5. UNAUTHORIZED CONDUCT
Users are strictly prohibited from accessing or utilizing the Services for purposes other than those explicitly endorsed or approved by us. Any commercial endeavors not specifically sanctioned by us are forbidden.
As a user of the Services, you agree not to engage in any of the following activities:
Circumvent Security Measures: Bypass, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Removal of Copyright Notices: Delete the copyright or other proprietary rights notice from any Content.
Impersonation: Attempt to impersonate another user or person or use the username of another user.
Defamation and Harm: Disparage, tarnish, or otherwise harm, in our sole opinion, us and/or the Services.
Harassment: Use any information obtained from the Services to harass, abuse, or harm another person.
Illegal Activities: Use the Services in a manner inconsistent with any applicable laws or regulations, including but not limited to Indian law.
Unauthorized Framing or Linking: Engage in unauthorized framing of or linking to the Services.
Data Mining and Compilation: Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our express written permission.
Software Copying and Adaptation: Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Reverse Engineering: Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Deceptive Practices: Engage in activities designed to trick, defraud, or mislead us or other users, especially in any attempt to gain access to sensitive account information such as passwords.
Malware and Spamming: Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Misuse of Support Services: Make improper use of our support services or submit false reports of abuse or misconduct.
Automated Use of the System: Engage in any automated use of the system, such as using scripts to send comments or messages, or employing data mining, robots, or similar data gathering and extraction tools.
Unauthorized Automated Systems: Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Unauthorized Purchases: Use a buying agent or purchasing agent to make purchases on the Services.
Spyware: Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
Interference and Disruption: Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harassment of Staff: Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Bypassing Access Restrictions: Attempt to bypass any measures designed to prevent or restrict access to the Services, or any portion of the Services.
Unauthorized Use: Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Competitive Purposes: Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Transfer of Profile: Sell or otherwise transfer your profile.
Stalking and Harassment: Engage in stalking behaviors on other social media platforms or elsewhere using the usernames obtained from our Mockkit application.
Failure to comply with these prohibitions may result in the suspension or termination of your account and possible legal action, as well as the reporting of your actions to the appropriate authorities.
USER-PROVIDED CONTENT
In utilizing the Services, you may be prompted to engage in chats, contribute to, or partake in blogs, message boards, online forums, and similar functionalities. You may also be afforded the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services (collectively referred to as “User Provided Content” or “UPC”). This UPC may encompass various forms such as text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials. It is acknowledged that UPC may be accessible to other users of the Services and via third-party platforms. Consequently, any UPC you transmit may be considered non-confidential and non-proprietary. By creating or making available any UPC, you affirm and guarantee that:
Proprietary Rights Compliance:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your UPC do not and will not infringe upon the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.
Ownership and Authorization:
You hold the status of creator and proprietor of, or possess the necessary licenses, rights, consents, releases, and permissions to employ and authorize us, the Services, and other users of the Services to utilize your UPC in any manner as envisaged by the Services and the terms stipulated herein.
Consent and Permissions:
You have obtained written consent, release, and/or permission from each identifiable individual person in your UPC to utilize the name or likeness of each such identifiable individual person, facilitating the inclusion and utilization of your UPC in any manner consistent with the Services and the terms outlined herein.
Accuracy and Truthfulness:
Your UPC is devoid of false, inaccurate, or misleading information.
Solicitation and Advertisement:
Your UPC is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other forms of solicitation.
Content Standards:
Your UPC is not of an obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable nature (as determined by us).
Respectful Conduct:
Your UPC does not ridicule, mock, disparage, intimidate, or abuse any individual.
Non-Violent Intent:
Your UPC is not intended to harass or threaten (in the legal sense of those terms) any other person, nor are they designed to promote violence against any specific person or group.
Legal Compliance:
Your UPC does not contravene any applicable law, regulation, or rule.
Privacy Protection:
Your UPC does not infringe upon the privacy or publicity rights of any third party.
Child Protection:
Your UPC does not contravene any applicable law concerning child pornography or any law aimed at safeguarding the health or well-being of minors.
Non-Discriminatory Content:
Your UPC does not contain offensive comments pertaining to race, national origin, gender, sexual preference, or physical handicap.
Compliance Assurance:
Your UPC does not otherwise breach, or link to material that breaches, any provision of these Terms or any applicable law or regulation.
Any use of the Services that violates the aforementioned conditions constitutes a breach of these Terms and may lead to, among other consequences, the termination or suspension of your rights to use the Services.
7. AUTHORIZATION OF USER CONTENT
When you post content (referred to as “Contributions”) on our Services, you grant us an irrevocable, worldwide, royalty-free license to use, copy, reproduce, disclose, sell, publish, broadcast, archive, store, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute your Contributions for any purpose, including commercial and advertising purposes. This license also allows us to create derivative works of your Contributions and grant sublicenses.
You retain ownership of your Contributions, including any intellectual property rights associated with them. By granting this license, you waive any moral rights in your Contributions. We do not claim ownership over your Contributions, and we are not responsible for any statements or representations made in your Contributions.
We reserve the right to edit, change, re-categorize, or delete any Contributions at our discretion, without notice. You are solely responsible for your Contributions, and you agree to release us from any liability regarding them. We have no obligation to monitor your Contributions.
8. MOBILE APP DETAILS
8.1. Use License
If you access our Services through the App, you are granted a revocable, non-exclusive, non-transferable, limited right to install and utilize the App on wireless electronic devices owned or controlled by you. This usage must strictly adhere to the terms and conditions specified herein. You shall refrain from:
- Decompiling, reverse engineering, disassembling, attempting to derive the source code of, or decrypting the App.
- Making any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
- Violating any applicable laws, rules, or regulations in connection with your access or use of the App.
- Removing, altering, or obscuring any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
- Using the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
- Making the App available over a network or other environment allowing access or use by multiple devices or users simultaneously.
- Using the App for creating a product, service, or software directly or indirectly competitive with or in any way a substitute for the App.
- Using the App to send automated queries to any website or to send any unsolicited commercial email.
- Using any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
8.2. Android Devices
If you obtain the App from Google Play, the following terms apply:
- The license granted for our App is limited to a non-transferable license to use the application on Android devices, in accordance with Google Play’s terms of service.
- We are responsible for providing any maintenance and support services for the App as specified in the Legal Terms or as required under applicable law.
- In the event of any failure of the App to conform to any applicable warranty, you may notify us, and we will endeavor to resolve the issue to the best of our ability.
- You must comply with all applicable laws and regulations of India when using the App.
- You acknowledge and agree that Google Play is a third-party beneficiary of the terms and conditions in this mobile application license and has the right to enforce them against you.
9. ADVERTISING PARTNERS
Display of Advertisements: We permit advertisers to showcase their advertisements and other information in designated areas of the Services, such as sidebar advertisements or banner advertisements. We solely provide the space for such advertisements and maintain no further relationship with advertisers.
10. MANAGEMENT OF SERVICES
Monitoring and Legal Action: We reserve the right, though not obligated, to monitor the Services for violations of these Legal Terms. We may take appropriate legal action against any user, at our sole discretion, who violates the law or these Legal Terms, including reporting such users to law enforcement authorities.
Content Management: We reserve the right, at our sole discretion and without limitation, to refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof. Additionally, we may remove or disable all files and content from the Services that are excessive in size or burdensome to our systems.
Protection of Rights: We manage the Services to safeguard our rights and property and to ensure their proper functioning.
11. PRIVACY POLICY
Data Privacy and Security: We prioritize data privacy and security. Please review our Privacy Policy, which is incorporated into these Legal Terms. By using the Services, you agree to be bound by our Privacy Policy.
Data Transfer: The Services are hosted in India. By using the Services, you consent to the transfer of your data to India and its processing therein. If you access the Services from regions with different data protection laws, you acknowledge the transfer of your data to India.
12. COPYRIGHT VIOLATIONS
Respect for Intellectual Property: We respect the intellectual property rights of others. If you believe any material available on the Services infringes upon your copyright, please notify us immediately using the contact information provided below.
Notification Process: Upon receipt of your Notification, we will inform the individual responsible for the material addressed in the Notification. Please be aware that making material misrepresentations in a Notification may result in liability for damages under applicable law. If you are unsure whether material infringes your copyright, seek legal advice before submitting a Notification.
13. DURATION OF LEGALITY AND TERMINATION
Duration of Legal Terms: These Legal Terms shall remain in effect during your use of the Services.
Termination Rights: We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Services to any person, for any reason or for no reason. This includes the right to terminate your use or participation in the Services or delete your account and any associated content, without warning, at any time.
Prohibition on Re-registration: If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account. This prohibition extends to using fake, borrowed, or third-party names.
Legal Actions: We reserve the right to take legal action, including civil, criminal, and injunctive redress, in response to account termination or suspension.
14. UPDATION OF CONTENT AND SERVICE AVAILABILITY & LIMITATIONS
Content Modifications: We reserve the right to change, modify, or remove the contents of the Services at our sole discretion, without notice.
Service Availability: While we strive to maintain uninterrupted service, we cannot guarantee the Services will be available at all times. We may experience technical issues or need to perform maintenance, resulting in interruptions or errors.
Limitation of Liability: We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. We have no obligation to maintain or support the Services or provide any corrections, updates, or releases.
15. LEGAL JURISDICTION
Applicable Law: These Legal Terms are governed by the laws of India.
Jurisdiction: EDBINARY TECHNOLOGIES PRIVATE LIMITED and users consent to the exclusive jurisdiction of the courts located in Hyderabad City, Telangana, India, to resolve any disputes arising from these Legal Terms.
16. LEGAL REMEDIES
Informal Negotiations
To expedite resolution and control the cost of any Dispute arising from these Legal Terms, both parties agree to first attempt informal negotiations for at least thirty (30) days before initiating arbitration. Informal negotiations commence upon written notice from one party to the other.
Binding Arbitration
Any Dispute arising out of or relating to these Legal Terms shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall take place in Hyderabad, Telangana, India, and shall consist of three (3) arbitrators. The proceedings shall be conducted in English, and the substantive law of India shall govern these Legal Terms.
Restrictions
The Parties agree that arbitration shall be limited to individual Disputes. There shall be no joinder of arbitrations, class-action arbitrations, or arbitrations in a representative capacity.
Exceptions to Informal Negotiations and Arbitration
The Parties acknowledge that certain Disputes are not subject to informal negotiations and binding arbitration. These include Disputes related to intellectual property rights, allegations of theft or piracy, invasion of privacy, unauthorized use, and claims for injunctive relief. If any provision of this clause is deemed illegal or unenforceable, the Parties agree to submit such Disputes to a court of competent jurisdiction located in Hyderabad, Telangana, India.
17. AMENDMENTS
Correction of Errors
There may be instances of typographical errors, inaccuracies, or omissions in the information provided on the Services, including descriptions, pricing, and availability. We retain the right to rectify such errors, inaccuracies, or omissions and to amend or update the information on the Services without prior notice.
18. EXCLUSION OF WARRANTIES
Risks and Limitation of Liability
The Services are offered on an as-is and as-available basis. By accessing or using the Services, you acknowledge and agree that you do so at your own risk. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Accuracy and Completeness
We do not warrant or represent the accuracy or completeness of the content provided on the Services or on any linked websites or mobile applications. We shall not be liable for any errors, mistakes, or inaccuracies in the content and materials, nor for any personal injury or property damage resulting from your use of the Services.
Security and Interruptions
We do not guarantee that the Services will be free from interruptions, errors, bugs, viruses, or other harmful components. We shall not be responsible for any unauthorized access to or use of our secure servers or for any interruption or cessation of transmission to or from the Services.
Third-Party Content and Transactions
We do not endorse or assume responsibility for any product or service advertised or offered by third parties through the Services. Any transactions between you and third-party providers are solely between you and such providers, and we shall not be a party to or responsible for any such transactions. You are advised to use caution and judgment when engaging in any transactions through the Services.
Exercise Caution
As with any purchase of a product or service through any medium, it is advisable to exercise caution and use your best judgment. We shall not be liable for any loss or damage incurred as a result of your use of any content posted, transmitted, or made available via the Services.
Limitation of Liability
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Services. Our total liability for any claims arising out of or related to these Legal Terms shall not exceed the total amount paid by you, if any, for accessing or using the Services during the twelve (12) months preceding the claim.
19. LIABILITY DISCLAIMERS
Scope of Liability
Under no circumstances shall we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Services, including but not limited to lost profit, lost revenue, or loss of data, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever, regardless of the form of the action, shall at all times be limited to the amount paid, if any, by you to us.
Legal Considerations
Please be aware that Indian laws govern our operations. These laws may affect the limitations of liability and the exclusion or limitation of certain damages. If these laws are applicable to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights under Indian law.
20. PROTECTION CLAUSE
Defence and Indemnity
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand made by any third party arising out of various circumstances, including your Contributions, use of the Services, breach of these Legal Terms, breach of your representations and warranties, violation of third-party rights, or any harmful act toward another user connected via the Services. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defence.
21. ACCOUNT INFORMATION
Data Management
We will retain certain data transmitted to the Services for managing performance and data related to your usage. While we conduct regular backups, you are solely responsible for all data transmitted or relating to your activity on the Services. We disclaim liability for any loss or corruption of such data and waive any right of action against us for such loss or corruption.
22. DIGITAL COMMUNICATION AUTHORIZATION
Consent to Digital Communication
Visiting the Services, sending emails, completing online forms, and contact through Whatsapp notifications constitute digital communications. By using our Services, you consent to receive digital communications from us. You agree that all agreements, notices, disclosures, and other communications provided to you electronically and/ or digitally, via email or on the Services, meet the legal requirement for written communication.
23. SMS COMMUNICATION PROTOCOL
Message Frequency and Opting Out
SMS messages are sent only for OTPs during signup and/or login to access the mobile app. No other communication is sent through SMS. Users do not receive SMS messages when they are already logged in or deactiviated their respective account with the application. OTPs for logging in on the Mockkit application are sent through a third-party service provider. Users cannot communicate with Mockkit or with the parent company through SMS messages.
Support
For questions or assistance regarding SMS communications, users can contact us via email at contact@mockkit.com or by calling +91 9133992929.
24. ADDITIONAL GENERAL PROVISIONS
Agreement and Understanding
These Legal Terms, along with any posted policies or operating rules, constitute the entire agreement between you and us. Our failure to enforce any right or provision of these terms does not waive that right or provision.
Severability and Force Majeure
If any provision of these Legal Terms is deemed unlawful, void, or unenforceable, it will be considered separate from the rest of the terms and will not affect their validity. We are not liable for any delay or failure to act due to causes beyond our reasonable control.
No Agency Relationship
Your use of the Services does not create any joint venture, partnership, employment, or agency relationship between you and us. These terms will not be construed against us as the drafter.
25. OFFICIAL CORRESPONDENCE
For complaints or further information about the Services, please contact us at:
EDBINARY TECHNOLOGIES PRIVATE LIMITED
H.NO.2-11-37, FLAT NO. 103, BALAJI NIVAS, BEERAPPAGADDA, UPPAL, HYDERABAD – 500039, TELANGANA, INDIA.
Hyderabad, Telangana 500039
India.
Phone: +91 9133992929
Email: contact@mockkit.com.