Terms & Conditions of Use
PHIBONACCI SOLUTIONS PRIVATE LIMITED, a private limited company incorporated under the Indian Companies Act 2013, having its registered office at 5, Aryan Corporate Park, Near Railway Crossing, Thaltej, Ahmedabad, Gujarat, India (hereinafter referred to as "PhiBonacci", "the Company", "We", "Us", or "Our") is a research-oriented EdTech company offering Hyper-Interactive 3D Simulation-based learning solutions that solve the challenges of learning limitations. It offers various educational products which are developed by the Company. Most of the Company products are digital Products and the delivery and installation of the same is controlled by a license key (hereinafter referred to as the Products).
You (hereinafter referred to as "the User"), by buying the Product and/or clicking on the check box for acceptance of Terms and Conditions of Use with respect to the Product purchased by You hereby agree to be bound by the following terms and conditions.
These terms and conditions (hereinafter referred to as the Terms) constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000, and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Please read the below the Terms carefully prior to commencing use of the Products.
1. Your use/access of the Products or registration (with or without payment/with or without a subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
2. Any access to Our Products through registrations/subscriptions is non-transferable.
3. You accept and confirm that pursuant to purchasing the Product, You are granted only license rights and all the ownership rights, title, and interest in the Product stored on Your device continues to vest in PhiBonacci. You shall be granted a license key on the basis of which You shall be entitled to Use the Product stored on Your device for a period not exceeding the term as activated by the activation key of the Product. On the expiry of this period, all Your rights to access the content of the Product shall expire unless You decide to renew the subscription for the Product on the terms and conditions of PhiBonacci as in force.
4. Definition of the Product: Product for the purpose of these Terms means the content of digital curriculum materials including animations, graphics, video, pictures, software codes, and audio, etc., which have been created, sourced, and/or developed internally by PhiBonacci with considerable time and expense. It shall include all future developments or additions made to the existing Product. The intellectual properties, concepts, development codes, etc. in the Product belong exclusively to PhiBonacci.
5. Installation: Any Product to be supplied by PhiBonacci needs to be installed on a smart panel device. On installation of the Product, PhiBonacci shall generate a valid license code for the smart panel device. Each license shall be activated by PhiBonacci online as soon as You as the end-User of the smart panel device complete the online registration. The installation of the Product follows a two-step authentication process to prevent any misuse of the Product. You as the end-User are also required to complete the authentication process online using an internet connection. Each license key will be valid for working on only one smart panel device upon activation. After activation, the Product will run offline, without any regular need for an internet connection. However, to prevent any misuse of the Product, there will be a periodic validation of the license, for which the device will need to connect to the internet to enable the Product to validate and authenticate the license key.
6. Product Renewal: PhiBonacci will provide a feature to renew the subscription after the earlier subscription has expired. After the expiry date, a new subscription will have to be obtained. PhiBonacci maintains the right to block access to the content on or after the expiry date if the Product is not renewed.
7. User Material: By submitting User Content to Us (Your “Material”), You grant Us a worldwide, non-exclusive, and royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate Your Material with You. PhiBonacci maintains the rights to reuse/share the User's uploaded Material onto PhiBonacci Servers to enable community learning and sharing.
8. Warranty or Guarantee: In the preparation of the Products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, PhiBonacci disclaims any responsibility for any errors and accuracy of the information that may be contained in the Products. Any feedback from the User is most welcome to make the Products and contents thereof error-free and User friendly. PhiBonacci also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither PhiBonacci nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on Products for any particular purpose other than as specified in the User Manual of the Product. You acknowledge that such information and materials may contain inaccuracies or errors, and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
9. As is Basis: Our Product provides Users with access to compiled educational information and related sources. Such information is provided on an As Is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall be constantly updating and enhancing the material and information of the Products from time to time; however, We will not be responsible for any errors, which might appear in such information, which is compiled from third-party sources, or for any unavailability of such information.
10. No Endorsement: The contents of the Products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Products is not endorsed as a substitution for the curriculum-based 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. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Products does not imply endorsement of any particular method nor exclusion implies disapproval. Subscription to the Product or usage of the same does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
11. Independent Verification: The User agrees to independently verify the authenticity and veracity of the Product stored on the smart panel device. PhiBonacci does not take any responsibility for the authenticity and veracity of the Product installed on the smart panel device. The User shall not bring any action against PhiBonacci for any inaccuracy in the Product and PhiBonacci will not be liable for any such action, if taken, by the User.
12. Grant of Permission: The Company (including but not limited to its subsidiaries/affiliates) may, based on any form of access to the Products, contact the User through SMS, email, and call, to give information about their offerings and Products as well as notifications on various important updates and/or to seek permission for demonstration of its other Products. The User expressly grants such permission to contact him/her through telephone, SMS, and e-mail and holds the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, and expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering Yourself, You agree to make Your contact details available to Our employees, associates, subsidiaries, affiliates, and partners so that You may be contacted for education information, offerings, and promotions through telephone, SMS, email, etc.
13.Proprietary Information: Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script, and audio contained in the Products are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any way without obtaining prior written permission from the Company and nothing deems to confer a license of or any other right, interest, or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content, or materials reside, but the Company shall at all times retain full and complete title to the Proprietary Information, content, or materials and all intellectual property rights inserted by the Company on such medium.
14. Use of the Products: Your Use of the Products shall be subjected to the following restrictions:
14.1. You may not decompile, reverse engineer, or disassemble the contents of the Products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Products or remove any copyright, trademark registration, or other proprietary notices from the contents of the Products.
14.2. You will not (a) advertise or sell any of the Products or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or Use any public forum for commercial purposes of any kind, or (b) Use the Products in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
14.3. If the contents of the Products are reproduced in any manner whatsoever in any medium by you, you hereby undertake and confirm to give credit to PhiBonacci as the owner of the Product, and under no circumstances will the name, logo, brand, trademark, tradename and/or any other identify symbol or sign or representation of PhiBonacci in any manner whatsoever be removed or deleted or blanked out from the Product at any time.
15. MIS/Usage/Assessment/Application Error Data: PhiBonacci maintains the rights to synchronize Your Usage/assessment data/application error logs for its Products onto the PhiBonacci Cloud server.
16. Right to Modify: We reserve Our right to modify these Terms from time to time without notice. The User agrees to regularly review the Terms to keep himself/herself apprised of any such changes.
17. Eligibility, Registration, and Access: The decision to grant access to the services relating to the Products is the prerogative of PhiBonacci and its decision in this regard shall be final and binding on the User. The User consents that PhiBonacci reserves its right to take all necessary measures to deny access to its services or the termination of services, if the Terms provided herein are not complied with or are contravened or there is any violation of copyright, trademark, or other valuable proprietary right as described herein in these Terms. In order to Use the Products of PhiBonacci, the User must obtain access to the Internet for activation/renewal of the Product. Please refer to Our Specifications section for content updates and for synchronization of Usage and User's data to PhiBonacci Cloud Servers.
18. Terms of Service:
18.1. The Use of the Product, or any of its services or features and User to User interface provided by the Product, the information and material contained therein, implies and constitutes the User's consent to these Terms and You as the User unequivocally agree to abide by these Terms.
18.2. The User understands that model questions/sample papers and their answers posted with the Product have been prepared by PhiBonacci based on the limited resources available at its disposal and human errors may inadvertently creep in despite PhiBonacci's best efforts. The User agrees not to hold PhiBonacci responsible for such errors or omissions. PhiBonacci does not provide any time limit or provides any express or implied time warranty of any kind, regarding any matter pertaining to the Products. PhiBonacci does not provide any implied warranties of merchantability, fitness of the Products, and/or any of its content for any general and/or particular purpose (unless specifically provided herein). PhiBonacci shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, mobile device virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of the information contained in the Products.
18.3. The User understands that PhiBonacci has tested the application on various devices but PhiBonacci cannot be held responsible in case of any malfunction/damage on the device due to the application.
18.4. The User agrees that s/he shall not solicit or invite other Users to share the credits/points/license ids/activation codes/etc., that s/he buys/earns that accrue to her/him in her/his individual capacity and agrees not to sell the credits/points/license ids/activation codes/etc, for any consideration to a third party. In case of a violation of this condition, the User shall become liable to pay for the credits/points/license ids/activation codes/etc, that s/he has sold or shared and shall forfeit all her/his credits/points/license codes/activation keys/etc, accumulated and her/his account shall be terminated.
19. User conduct and prohibited acts: The content on the Product is made available for Your personal, non-commercial use only. You are prohibited from using the Product or the content thereof for any illegal or unauthorized purpose. Examples of illegal or unauthorized Uses include, but are not limited to:
19.1. modifying, adapting, translating, or reverse engineering any portion of the Product or content thereof;
19.2. removing any copyright, trademark, or other proprietary rights notices contained in or on the Product or content thereof;
19.3. Using device/software code to retrieve or index any portion of the Product or content thereof;
19.4. collecting any information about other Users (including Usernames and/or email addresses) for unauthorized purposes;
19.5. reformatting or framing any portion of the content that is part of the Product; creating User accounts/license ids/activation codes/ by automated means or under false or fraudulent pretenses;
19.6. submitting information or material that infringes, misappropriates, or violates the intellectual property, publicity, privacy, or other proprietary rights of any person;
19.7. transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature;
19.8. submitting information or material that is unlawful or promotes or encourages illegal activity, or submitting false or misleading information;
19.9. harm minors, children, and women in any way or "stalk" or otherwise harass others;
19.10. upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; or a threat to the nation's communal harmony, peace, and security;
19.11. upload, post, email, or otherwise transmit any content that You do not 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);
19.12. interfere with or disrupt any Service or servers or networks connected to the Products, or disobey any requirements, procedures, policies, or regulations of networks connected to the Products;
19.13. intentionally or unintentionally violate any applicable local, state, national, or international law; and/or
19.14. any other conduct, act, or behaviour that is illegal or unlawful or could cause any kind of adverse effect on the Product and/or the reputation of the Company.
20. Advertisements: The Product or content thereof may display advertisements. The User's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Product or content thereof, 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 PhiBonacci 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 Product or content thereof.
21. Discontinuance: PhiBonacci reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product or content thereof with or without notice. You agree that PhiBonacci shall not be liable to You or to any third party for any discontinuation, modification, and/or suspension of the Product or content thereof.
22. General Provisions
Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the application. Any notice to be provided to the Company should be sent to email@example.com
Entire Agreement: The Terms, along with all other policies of the Company and any other guidelines made applicable to the Products from time to time, constitute the entire agreement between the Company and You with respect to Your access to or Use of the Products.
Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company's rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
Relationship: The relationship between You and the Company is an independent relationship and not of an employee or agency or partnership or joint venture or franchise of the Company.
The Company provides these Terms so that You are aware of the terms that apply to Your Use of the Products. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.
These Terms shall be governed by and construed in accordance with the laws of India and any dispute arising out of the Use of the Products shall be subject to the exclusive jurisdiction of courts at Ahmedabad, Gujarat, India.
The Product's and/or the content’s design and the service marks, and other logos and Product and service names are trademarks of PhiBonacci. You agree not to display or use in any manner, the trademarks of PhiBonacci.
The User agrees not to infringe the copyrights of PhiBonacci and other Users in any manner whatsoever. The User understands and acknowledges that the copyright of all the content on the Product and/or the content thereof belongs exclusively to PhiBonacci.
Notwithstanding anything provided herein or elsewhere any breach or violation by the User of any of the terms set out herein shall grant PhiBonacci the right to terminate its arrangement with such User and recover all legal costs, expenses, and damages that PhiBonacci may incur due to such breach or default on the part of the User.
Any feedback You provide with respect to the Products shall be deemed to be non-confidential. The Products shall be free to Use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Products may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances unless specified.
Under no circumstances shall the Company be held responsible in any manner for any content provided by other Users even if such content is offensive, hurtful, or offensive. Please exercise caution while accessing any applications or services relating to the Products.
24. Customer Care:
In case You face any issues during Your Use of the Products and/or any of the services offered by PhiBonacci, please contact Us at firstname.lastname@example.org