PRIVACY POLICY AGREEMENT FOR USE OF APP

UNDERSTANDING

  1. This Agreement sets out the legally binding terms of your use and access of our mobile application – iversusi (‘App’) and any of your activities on the App as well as on all other pages, platforms and services related to or accessible via the App or otherwise in any manner respecting information exchanged via the App (‘Use’).
  2. This App is created and controlled by Targetplus Education Private Limited (‘TEPL’), which expression, unless repugnant to the context, shall be deemed to include TEPL’s affiliates and business partners and other entities which TEPL has collaborated with or might collaborate with for the purposes of the App or any part thereof or content thereon. This Agreement may be modified by TEPL from time to time, effective upon notice to you as a visitor or user of any content or service made available on the App in any manner and to any extent whatsoever.
  3. Your visit to or Use of this App shall entail a presumption that you have read and fully understood that the terms, conditions and disclaimers contained in this Agreement (‘Terms’) are fully accepted by you and binding on you.

    4. APPLICABLE LAW

  4. This Agreement and your Use of this App shall be governed by the laws of India in respect of all the Terms governing/respecting your Use of this App.

    5. ELIGIBILITY

  5. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and have the requisite authority to bind the other party to this Agreement.
  6. If you Use this App as a minor, such use shall be deemed to be made available to you by your parent or legal guardian, who will be deemed to have read and fully understood that the Terms contained in this Agreement are fully accepted by and binding on such parent or legal guardian and your Use of this App as a minor shall also be deemed to be made with the consent of such parent or legal guardian. TEPL shall not be responsible for any consequence that may arise from your misuse of any kind, as a minor, of the App. TEPL reserves the right to prevent/terminate your access to or any Use by you of this App in the event that you are found to be a minor and have indulged in Use or attempted to Use the App based on misrepresentation of your age or without obtaining the necessary consent of your parent or legal guardian. You acknowledge that the sole and exclusive responsibility to observe and ensure compliance with the above requirements shall be yours and not of TEPL. You shall not Use this App if you are a minor and non-compliant with the necessary conditions governing the Use of the App by a minor.

    7. ACCESS

  7. TEPL reserves the right to prevent/terminate your access to or any Use by you of this App for any reason, effective without the need to send you any notice for the purpose.

    8. MODIFICATION OF TERMS

  8. TEPL reserves the exclusive right to make changes to this App and the Terms governing/respecting your Use of this App, at any time, without any prior notice or intimation to you. You can access the latest version of the Terms at any time by accessing the App, but you are advised to review the Terms at regular intervals and ensure that the Terms of your Use of this App, as may be modified from time to time, are acceptable to you at all times. In the event that the modified Terms are not acceptable to you, you must forthwith discontinue your Use of the App. However, should you continue to Use the App, it will be presumed that you have irrevocably and unconditionally agreed to fully accept and abide by such modified Terms.

    9. INFORMATION PROVIDED BY YOU

  9. Your Use of the App might include/involve providing of certain information or data by you, including but not limited to information or data provided by you while registering on the App or otherwise filling or submitting any form or field whatsoever on/via the App or uploading any information or picture or any other media whatsoever (‘Information’), which Information is recorded and stored by TEPL and processed in accordance with the Terms herein contained.
  10. Should you desire for TEPL to discontinue any recording, storage, or any other use of your Information, you may request the same by reaching out to TEPL’s personnel authorized for the purpose, which request might, however, entail TEPL to presume your authorization to TEPL to prevent/terminate your access to or any Use by you of this App, effective without the need to send you any notice for the purpose.

    11. TECHNICAL AND USAGE INFORMATION

  11. Your access to or Use of the App involves collection by TEPL of technical information, including but not limited to information respecting hardware and software of the electronic device used by you to access the App, IP address, unique device identifiers, browser, and domain (‘Technical Information’).
  12. Your access to or Use of the App involves collection by TEPL of Technical Information, including but not limited to information respecting your activity on the App and any of the webpages thereof, location of your Use, time period of your Use, date, time, and information pertaining to your searches and clicks (‘Usage Information’).
  13. Technical Information and Usage Information relevant to your Use of the App is collected and used in methods commonly prevalent and per commonly prevalent policies and practices, and dealt with in accordance with the applicable legal provisions and restrictions thereto. Such collection of Information, including Technical Information and Usage Information, might involve the use of cookies, web beacons, analytics services, etc., some of which might allow you to choose to not allow such collection or allow only a limited collection of your Information. TEPL and service providers acting on its behalf might make use of server log files and automatic data collection tools such as cookies, tags, scripts, customized links, devise or browser fingerprints, which might automatically track and collect certain Technical Information and Usage Information when you Use the App. Cookies are used for purposes such as to analyze your Use of the App, personalizing your experience, and recognizing you when you return. TEPL might use web beacons for purposes such as to identify whether a page was visited, and advertising more efficiently. Should you disable or restrict the use of cookies by the App, you may be unable to Use some or all features of the App or with the best intended experience.
  14. TEPL might collaborate/associate with certain third-party entities who may provide certain features or functionalities on the App and use Local Storage Objects to collect and store data for such purposes.
  15. TEPL might use third-party browser and mobile analytics services such as Google Analytics on the App, which might use Data Collection Tools to help analyze your Use of the App, including information pertaining to such Use by you, for purposes such as to better understand performance of the App on different devices, browsers, and platforms and to provide information that might be relevant to you.

    16. ADVERTISING

  16. Third-party ad service providers might place cookies or other tracking technologies on the electronic device used by you to access or Use the App, to collect data respecting your Use of the App, for the purposes of advertising. For such purposes, TEPL might provide such third-party ad service providers with a hashed, anonymized version of your e-mail address (in a non-human-readable form) and content that you share publicly on the App.

    17. USE OF INFORMATION AND DATA

  17. TEPL might use your Information, Technical Information, and Usage Information to facilitate use of the App, communicate with you, troubleshoot issues, secure against fraud and abuse, improve and update the App, analyze public usage of the App, serve personalized advertising, and as required by law or necessary for safety and integrity. TEPL might also use your Information, Technical Information, and Usage Information to – (i.) provide and administer the App, including for display of customized content and facilitating communication with other users; (ii.) process your payments and requests for facilities/services to be provided in consideration thereof; (iii.) communicate with you; (iv.) facilitate the App’s technical functioning, including troubleshooting and resolving issues, securing the App, and preventing fraud and abuse; (v.) solicit feedback from users; (vi.) market and administer surveys and promotions administered or sponsored by TEPL; (vii.) learn more about you by linking your data with additional data through third-party data providers or analyzing the data with the help of analytics service providers; (viii.) identify unique users across devices; (ix.) customize advertisements across devices; (x.) improve the App and develop new services and features; (xi.) analyze trends and traffic, track purchases, and track usage data; (xii.) advertise the App on third-party platforms, websites and applications; (xiii.) otherwise as required or permitted by law; (xiv.) as otherwise deemed necessary in TEPL’s sole discretion.

    18. SHARING OF INFORMATION AND DATA

  18. TEPL might share your Information, Technical Information, and Usage Information with its affiliates, business partners, analytics and data enrichment providers, as well as for purposes of its business and its affiliates’ businesses, your social media providers, persons (natural or legal) and entities facilitating the operation of the App and the services and facilities published thereon, and advertising companies engaged by TEPL. TEPL might also share your Information, Technical Information, and Usage Information as needed for security, legal compliance, as part of a corporate restructuring, or in other ways if it is aggregated or de-identified or if you consent.
  19. TEPL might share your Information, Technical Information, and Usage Information data with third parties under the following circumstances or as otherwise provided in the Terms herein -
    1. Service Providers, Contractors, and Agents: TEPL might share your Information, Technical Information, and Usage Information with entities or companies performing services on TEPL’s behalf, including but not limited to payment processing, data analysis, marketing and advertising services (including retargeted advertising), e-mail and hosting services, and customer services and support. Such entities or companies may access your Information, Technical Information, and Usage Information and are required to use it solely as TEPL directs, to provide our requested service.
    2. Business Partners: TEPL has agreements with other websites and platforms for purposes of its business, services, and facilities.
    3. Analytics and Data Enrichment Services: TEPL shares certain Information, Technical Information, and Usage Information as part of use of third-party analytics tools like Google Analytics and data enrichment services, to facilitate provision of analytics services or match your data with publicly-available database information (including contact and social information from other sources).
    4. Power Social Media Features: The social media features on the App, if and when made available, may allow the third-party social media provider to collect data/information such as your IP address and the webpage of the App visited by you, and to set a cookie to enable the feature. Your interactions with these features are governed by the third-party company’s privacy policy.
    5. Administer Promotions and Surveys: TEPL might share your data as necessary to administer, market, or sponsor promotions and surveys you choose to participate in, as required by applicable law, or in accordance with the rules of the promotion or survey.
    6. Advertising: If TEPL decides to offer advertising in the future, TEPL might use and share certain Information, Technical Information, and Usage Information with third-party advertisers and networks to show general demographic and preference information among TEPL’s users. TEPL might also allow advertisers to collect Technical Information through Data Collection Tools and to use such data to offer you targeted ad delivery to personalize your user experience and undertake web analytics. Advertisers may also share with such collected data respecting you or your Use of the App, with TEPL.
    7. Security and Legal Compliance: TEPL might disclose your information/data to third parties if TEPL in its sole discretion has a good faith belief that the disclosure is – (i.) permitted or required by law; (ii.) requested as part of a judicial, governmental, or legal inquiry, order, or proceeding; (iii.) reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request; (iv.) reasonably necessary to enforce other Terms of Use of the App, Agreement, and other legal agreements; (v.) required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; (vi.) reasonably necessary in TEPL’s discretion to protect against imminent harm to the rights, property, or safety of the App or of TEPL, including its other users, employees, members of the public, or of TEPL’s business or TEPL’s affiliates’ businesses.
    8. TEPL might also disclose your Information, Technical Information, and Usage Information to its auditors and legal advisors in order to assess its disclosure obligations and rights under this Agreement. In the event that TEPL’s business undergoes a transaction such as a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, TEPL might share, disclose, or transfer all of your Information, Technical Information, and Usage Information to the successor organization during such transition or in contemplation of a transition (including during due diligence). TEPL might disclose or use aggregate or de-identified data for any purpose. With your consent, TEPL might share data with third parties outside the scope of this Agreement.

    SECURITY

  20. TEPL uses appropriate security based on the type and sensitivity of your Information, Technical Information, and Usage Information stored by TEPL. TEPL takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your Information collected and stored by TEPL. Such measures vary based on the type and sensitivity of your data or information collected or stored by TEPL. Unfortunately, however, TEPL does not guarantee that communications between you and TEPL, the App, or any information provided to TEPL in connection with your Information, Technical Information, and Usage Information collected by TEPL through the App will be free from unauthorized access by third parties.

    21. RIGHTS OF USERS

  21. You have certain rights around the use of your Information, including the ability to opt out of certain promotional e-mails, cookies, and collection of your Technical Information, and Usage Information by certain analytics providers. You may contact us regarding your rights respecting or opting out of collection, storage, or sharing or any other use of any Information, Technical Information, and Usage Information by requesting the same by reaching out to TEPL by writing at info@targetpluslearn.com, which request might, however, subject to the applicable provisions of law, entail TEPL to presume your authorization to TEPL to prevent/terminate your access to or any Use by you of this App, effective without the need to send you any notice for the purpose. TEPL might verify your identity before considering any such request concerning any Information, Technical Information, and Usage Information, made by you. You agree and acknowledge that TEPL retains certain information where there exists a lawful basis therefor, including for mandatory record-keeping and to complete transactions.
  22. The Information, Technical Information, and Usage Information collected from you is retained for as long as TEPL has a legitimate purpose to do so (and in accordance with applicable law), including to assist with legal obligations, resolve disputes, and enforce agreements. TEPL might retain and disclose such Information, Technical Information, and Usage Information pursuant to the terms of this Agreement.

    23. ARBITRATION

  23. Without prejudice to the generality of what is stated in clause 4 above, this Agreement shall be governed by and be enforced by the laws applicable in Lucknow, Uttar Pradesh. All legal issues arising at any point of time in respect of the Terms governing/respecting your Use of this App shall be subject to the exclusive jurisdiction of the law courts in Lucknow, Uttar Pradesh. You and TEPL agree to make all attempts to resolve all controversies, differences or claims howsoever arising out of or in connection with this Agreement, by discussion and consensus, failing which, any dispute or contest shall be referred to arbitration and finally resolved in accordance with the Indian Arbitration and Conciliation Act, 1996, by the appointment of a single arbitrator, who shall be appointed by the mutual consent of both the parties, within a further period of 30 (thirty) days. The venue and seat of arbitration shall be Lucknow, Uttar Pradesh. The parties to such dispute resolution shall equally bear the costs and expenses thereof and shall separately bear their counsel fees and expenses.

    24. SUGGESTIONS, COMPLAINTS, AND DISPUTES

  24. Suggestions, complaints and disputes respecting the App or any content thereof, may be addressed to TEPL by writing at info@targetpluslearn.com [To insert appropriate e-mail address].

    25. ELECTRONIC COMMUNICATION

  25. Your access or Use of the App or sending e-mails to us or providing any information or data via the App, shall entail you communicating with TEPL electronically. You consent to receive electronic communications from TEPL or its affiliates. TEPL shall communicate with you vide electronic mail (e-mail) or by posting notices on the App. You agree that all agreements, notices, disclosures, and other communications to you provided electronically, shall be in full compliance with any legal requirement that any such communication be in writing.
  26. Any notice, request, demand or other communication by you to TEPL shall be addressed to TEPL by writing at info@targetpluslearn.com [To insert appropriate e-mail address], or by posting to the address – 10, Station Road, Lucknow – 226001, Uttar Pradesh, India.

    27. SEVERABILITY

  27. Any provision of this Agreement which is prohibited or rendered unenforceable on any account whatsoever, shall be deemed to be ineffective only to the extent of such prohibition or unenforceability, without invalidating any of the remaining portions of this Agreement.