These Terms & Conditions (“Terms”) of (a) use of our application named BSmart (“Application”) or any products or services in connection with the Application/products (“Services”) on Android and iOS platforms or (b) any modes of registrations or usage of products, including through SD cards, tablets or other storage/transmitting device are between jointly and severally Business Standard Private Limited (BSPL) and its users (“User/You/Your”).

These 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 Terms and the privacy policy of the Application (“Privacy Policy”) with respect to registration with us, the use of the Application, Services and products carefully before using the Application, Services or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Services or products, the provisions of the Terms shall prevail.

Your use/access/browsing of the Application or the Services or products or registration through any means shall signify your acceptance of the Terms and Your agreement to be legally bound by the same.

If you do not agree with the Terms or the Privacy Policy, please do not use the Application or avail the Services or products. Any access to our Services/Application/products through registrations/subscription is non- transferable.

1. 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 Application, Services and products are proprietary property of BSPL (“Proprietary Information”).
2. No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from us in the form of licence. Such licence shall not confer any right, interest or title to the application or in any of the intellectual property rights belonging to us, to the User. You may own the medium on which the information, content or materials resides, but the we shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by us on such medium. Certain contents on the application may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.
3. The trademarks, services marks, and trade names belonging to us shall be the sole property of either of us and shall continue to vest with us.
4. Your use of our Application, products, and Services is solely for your personal and non-commercial use. Any use of the Application, Services or products or their contents other than for personal purposes is prohibited. Your personal and non- commercial use of this Application, products and / or our Services shall be subjected to the following restrictions:
   1. You may not decompile, reverse engineer, or disassemble the contents of the Application and/or Services/ 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 Application and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or Services/products.
   2. You will not (a) use this Application and/or any of our product/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any products, Services 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 (c) use the Application /our products and Services in any way that is unlawful, or harms us or any other person or entity as determined by us.
   3. No User shall be permitted to perform any of the following prohibited activities while availing our Services:
      1. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
      3. Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
      4. Interfering with any other person's use or enjoyment of the Application/ Services;
      5. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
      6. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
      7. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
      8. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
      9. Access or use the Application/Services/products in any manner that could damage, disable, overburden or impair any of the Application's servers or the networks connected to any of the servers on which the Application is hosted;
      10. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Services/products, or engage in any activity prohibited by these Terms;
      11. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Services/products or any affiliated or linked sites;
      12. Interfere with, or inhibit any user from using and enjoying access to the Application/Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Services/products;
      13. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Services/products, to access, acquire, copy or monitor any portion of the Application/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/Services/products;
      14. Alter or modify any part of the Services;
      15. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
      16. Violate any of the terms specified under the Terms for the use of the Application/Services/products.
5. In the preparation of the Application/Services/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, we disclaim any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error free and user friendly. We also reserve the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither us 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 Application/Services/products for any particular purpose. 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.
6. Our application 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 not be liable to update or ensure continuity of such information contained on the application. We would 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. From time to time the application may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the app from another website/app or document without our prior written consent.
7. The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of Business School courses. The usage of the Application/Services/products is not endorsed as a substitution to 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. We acknowledge that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion implies disapproval.
8. Certain contents in the Application/Services/products may contain opinions and views. We are not be responsible for such opinions or any claims resulting from them. Further, we make no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
9. Our products and/or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware. We are not be obligated to provide workable products and/or services for any instruments that are not recognized by us or those instruments that may be purchased from any third party which are not compatible with the our products and Services. We reserve the right to upgrade the table/type of compatible devices as required from time to time.
10. We will have no responsibility for any loss or damage caused to tablet or any other hardware and/or software and/or instrument, including loss of data or effect on the processing speed, resulting from your use of our products and Services.
11. In order to access the Services and to avail the use of the Application/products, you shall be required to register yourself with the Application/Services/products, and maintain an account with the Application/Services/products. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, and any other information deemed necessary by the Application. With respect to the provision of information, the following may be noted:-
    • It is your sole responsibility to ensure that the account information provided by you is accurate, complete and latest.
    • You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to (a) ensure that you successfully log out from your account at the end of each session; and (b) immediately notify us of any unauthorized use of your account. If there is reason to believe that there is likely to be a breach of security or misuse of your account, we may request you to change the password or we may suspend Your account without any liability to us, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from your failure to comply with this provision.
    • You acknowledge that your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and we cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, we will not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.
12. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all our products or Services. We will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of our products or Services that may occur by virtue of any person registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete. We reserve the right to terminate your subscription and/or refuse to provide you with access to the products or Services if it is discovered that any information provided by you is inaccurate. You agree to defend, indemnify and hold harmless either of us, ours officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Application/Services; (ii) Your violation of any term of these Terms or any other policy of BSPL; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Services has caused damage to a third party. This defence and indemnification obligation will survive these Terms.
13. In no event shall BSPL, our officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.
14. In the event of Your breach of these Terms, You agree that we will be irreparably harmed and may not have an adequate remedy in money or damages. We therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. Our right to obtain such relief shall not limit its right to obtain other remedies.
15. Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that we can avail. In such instances, we may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
16. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located at New Delhi and You hereby accede to and accept the jurisdiction of such courts.
17. We have the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, we have the right to amend these Terms from time to time without prior notice to you. We make no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
18. DISCLAIMER: THIS APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. We HEREBY DISCLAIM JOINTLY AND SEVERALLY ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THESE APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
19. General Provisions:
    • Notice: All notices served by us shall be provided via email to your account or as a general notification on the Application. Any notice to be provided to BSPL should be sent to bs.legal@bsmail.in and bsmartsupport@bsmail.in.
    • Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between us and You with respect to your access to or use of the Application and the Services thereof.
    • Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Our rights under the Terms are freely transferable by us 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 us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by us of that provision or right.
    • Relationship: You acknowledge that Your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of BSPL.
    • We provide these Terms so that You are aware of the terms that apply to your use of the Application and Services. You acknowledge that, we have given You a reasonable opportunity to review these Terms and that You have agreed to them.
20. Feedback:
    • Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application 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) We are not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application 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 us for the feedback under any circumstances, unless specified.
    • Under no circumstances shall we be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application.
21. Customer Care: We make all best endeavours to provide you with a pleasant experience. In the unlikely event that you face any issues, please contact us at bsmartsupport@bsmail.in