ACCEPTANCE OF TERMS

Overview

The following Terms of Use, read along with our Privacy Policy, is issued by Bharti Forces (“Bharti Forces,” “we,” “us,” or “our”), in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder and any other applicable law that requires publishing the terms of use for access or usage of our (a) application which serves as a training and learning platform to help candidates prepare for the physical tests required for entry into the Indian armed forces (the “App”) and (b) our website [●] (“Website” or “Web page”) (collectively referred to as “Services”). Please read these Terms of Use carefully, including the disclaimers set out herein, prior to signing up for the Services or accessing the App or the Website.

Modification

We reserve the right to make changes to these Terms of Use at any time. Any such modification will become effective immediately upon Bharti Forces posting it on the Website and the App, and your continued use of the Services constitutes your consent to such modifications. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes. If any change to these Terms of Use is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

USER ACCOUNT

In order to access or use the App, you must be 18 (eighteen) years of age or older and have the requisite power and authority to enter into these Terms of Use and must be legally entitled to contract. We do not undertake any liability or responsibility if the Platform is used by users below the age of 18, in violation of these Terms of Use.

You may register on the App and/or the Website and for doing so, you will be required to provide a username of your choice (“User”) and create a unique password. For the purpose of registration, you will be required to provide us with details such as name, age, gender, contact information (email, phone number), addresses and location.

Upon registration, you will be provided with an account (“User Account”). The manner in which we collect, use, store or disclose your personal information collected on the App or related devices, if any, has been outlined in our Privacy Policy. As a Data Fiduciary, Bharti Forces will make reasonable efforts to protect and secure the data that is provided by you and will only process the data and utilise it for the specified purpose for which the data has been provided.

Please note that any information or material sent to us that is not covered by our Privacy Policy, whether by post, upload, input or submission to the App or associated services (“Materials”), will be deemed NOT to be confidential and we shall have no obligation of any kind with respect to such Materials or any underlying information.

You shall be responsible for any and all activities that occur in connection with your User Account. Under no circumstances shall we be liable for any loss or damage arising from your failure to comply with this clause.

While sharing information, you agree to provide complete and accurate information about yourself. You may not impersonate any third party to create or use an account for anyone other than yourself or create multiple accounts. 

You shall not allow: (a) any other person to share your User Account or its credentials; and (b) any part of the App being cached in proxy servers and accessed by individuals who have not registered as Users of the App. 

DESCRIPTION OF BHARTI FORCES

Services: The App is designed as a training and learning platform to help candidates prepare for the physical tests required for entry into the Indian armed forces. It provides Users with services such as structured training programs, performance tracking, and various resources to aid in their preparation.

Privacy and Security: We work to protect the privacy and security of our Services. This includes appropriately dealing with abusive users and activity violating our Terms of Use. We work to prohibit misuse of our Services including harmful conduct towards others, violations of our Terms of Use and policies. If we learn of such Users or activity, we will take appropriate action, including suspending/ removing such Users and/or restricting objectionable activity or deleting objectionable content or take any other action as deemed appropriate in our sole judgement or as requested by the law enforcement authorities.

In the unlikely event that there exists any difficulty, restriction or obstruction while availing the Services on the App, the User may contact the assigned Grievance Officer listed below and specify their concern(s).

YOUR USE OF THE SERVICES

Bharti Forces hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the App and the Website solely for the purposes of browsing the Website, in each case (i) in compliance with these Terms of Use, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). You agree that during the use of the Services, you will not in any way host, display, upload, modify, publish, transmit, store, update or share any information that:

belongs to another person and to which you have no right;

is obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

is harmful to children;

infringes any patent, trademark, copyright or other proprietary rights, deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature; or

violates any law for the time being in force;

Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Proprietary Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove any copyright, trademark, or other proprietary rights notices contained in or on our Services, including those of the Bharti Forces or any of our licensors; (v) utilize information, content or any data you view on and/or obtain from our Services to provide any service that is competitive with us; (vi) upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features; (vii) attempt to gain unauthorized access to the account of any other User or entity, or otherwise interfere with any other user's or entity's use of the Service; (viii) engage in any activity that interferes with or disrupts the Services; or (ix) engage in any fraudulent activity or activity that facilitates fraud.

PAYMENTS

All the payments in respect of the Services provided by Bharti Forces shall be made through the App. You acknowledge and agree that Bharti Forces may use certain third-party vendors and service providers, including payment gateways to process payments and manage the information provided by you at the time of registration.

In order to make payments, you undertake to use a valid payment card or bank details or third party wallets or any other recognized mode of payment, with legal authority to use the same, to have sufficient funds or credit available to complete the payment on the App.

Bharti Forces is not liable for any payments that are not completed because: (i) your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the payment details provided; (ii) you have not provided us with correct payment details; (iii) your payment card has expired; or (iv) due to circumstances beyond Bharti Forces’ control.

Bharti Forces shall not be responsible for any unauthorized transactions conducted on our Website or App using your payment card or internet banking. We shall not be obligated to refund any money to you in such instances.

OBLIGATIONS OF THE USER

You agree to immediately notify us of any unauthorized use of your account information or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with this clause. You agree that you will not, in any way:

interfere with the ability of others to access or use the App and/or the Website;

disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users’ ability to use the App and/or the Website;

interfere with or disrupt the servers or networks connected to the App and/or the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the App and/or the Website;

use the App and/or the Website to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features;

attempt to gain unauthorized access to any hardware or software system, or networks associated with the App and/or the Website, or obtain any services or information not intentionally made available to you by us on or through the App and/or the Website; and

make/post/re-post any testimonial on the App and/or the Website or on any social media platform (such as Facebook, Instagram etc.) in relation to the App and/or the Website which contains profanity or abusive language.

INTELLECTUAL PROPERTY RIGHTS

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Services to: (a) download, install, and use our App for your use in accordance with these Terms of Use on any mobile device owned or otherwise controlled by you strictly in accordance with these Terms of Use, and (b) access, stream, download, and use on your mobile device our Services and content made available in or otherwise accessible through our Services, strictly in accordance with these Terms of Use.

Copyright: You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Bharti Forces on the Website or in the App or otherwise in connection with the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the App or Website (collectively, “Proprietary Content”), is the property of Bharti Forces, and is protected by applicable law. The compilation of all content on this App is the exclusive property of Bharti Forces. You agree not to decompile, reverse engineer or disassemble any content accessible through the App, not to insert any code or manipulate the content of the App in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate your User Account immediately and without notice, if we, in our sole and absolute discretion, believe that you are in violation of this clause.

Our content available on or via the App, is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Bharti Forces. We reserve all rights, not expressly granted in and to the App.

Trademarks: The App is the property of Bharti Forces, including, but not limited to its text, graphics, logos, the name ‘Bharti Forces’ and button icons, images, scripts and service names constitute trademarks/trade dress of ‘Bharti Forces’. The trademarks, domain names and trade dress of Bharti Forces shall not be used in connection with any service that is not affiliated with Bharti Forces in any manner that is likely to (a) cause confusion among Users or potential Users; or (b) dilute the rights of Bharti Forces; or (c) to disparage or discredit Bharti Forces.

Your Content: You acknowledge and agree that if you contribute, provide or make available any Content to the Website or the App ("Your Content"), you hereby grant to Bharti Forces a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever.

You acknowledge and agree that you own Your Content, and you may request its deletion at any time. Any information you submit to us is at your own risk. By providing information to us, you represent and warrant that you are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights).

INDEMNITY

You agree to defend, indemnify and hold Bharti Forces and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, judgement, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: (i) Your Content; (ii) your use of, contribution to or connection with the Service; (iii) your violation of these Terms of Use or our Privacy Policy; and/or (iv) your violation of any rights of another or of any applicable law. Bharti Forces shall provide notice to you of any such Claim, provided that the failure or delay by Bharti Forces in providing such notice shall not limit your obligations hereunder. Bharti Forces reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Bharti Forces’ defines of such matter.

SERVICE MODIFICATIONS/SUSPENSIONS

Bharti Forces reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, your User Account and/or the Services (or any part thereof) for any reason or no reason with or without notice. You agree that Bharti Forces shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

TERMINATION

Bharti Forces, in its sole discretion, may terminate your password (if applicable), accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due to Bharti Forces, or if Bharti Forces believes that you have violated or acted inconsistently with these Terms of Use. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Bharti Forces may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Bharti Forces shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of these Terms of Use that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

LINKS

We may, in the course of providing the Services provide links to other internet websites or resources hosted or owned by third parties. Bharti Forces has no control over such websites and resources or third parties, and you acknowledge and agree that Bharti Forces is not responsible for the availability of such websites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Bharti Forces shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

DISCLAIMERS

Your access to and use of our Services or any content are at your own risk. You understand and agree that our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Services; and (iv) whether our Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Services, will create any warranty or representation not expressly made herein. Bharti Forces does not review, revise or otherwise approve any User content uploaded on our Website and/or App and disclaims any and all involvement with respect to the creation or posting of such content.

BHARTI FORCES DOES NOT GUARANTEE OR PROVIDE ASSURANCES THAT ANY USER WILL CLEAR THE PRESCRIBED EXAMINATIONS OR CHECKS PURSUANT TO AVAILING THE SERVICES. BHARTI FORCES DOES NOT ADMINISTER THE EXAMINATIONS OR CHECKS AND HAS NO CONTROL OVER THE OUTCOMES OR RESULTS OF THE SAME. NO REFUNDS WILL BE PROVIDED TO UNSUCCESSFUL CANDIDATES.

LIMITATION OF LIABILITY

You acknowledge and agree that, in no event will Bharti Forces be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of these Terms of Use, or the use of, or the inability to use, our Services, including, without limitation, any information made available through our Services pursuant to these Terms of Use. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed USD 100.00/- (United States Dollars One Hundred Only). The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that Bharti Forces may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Bharti Forces’ liability will be the minimum permitted under Applicable Law.

While we have taken reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely in accordance with applicable law, we cannot rule out nor be held liable in the unlikely event of a breach resulting in hacking or other malicious forms of data access/theft etc.

ASSIGNMENT

These Terms of Use are only for your benefit. You shall have no right to assign any rights or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

RELATIONSHIP OF PARTIES

The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. You have no power or authority to bind Bharti Forces to any obligation, agreement, debt or liability. You shall not hold itself out as an agent or representative of Bharti Forces.

ENTIRE AGREEMENT 

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Bharti Forces in respect of the Services. These Terms of Use supersede all previous written and oral agreements between you and Bharti Forces, if any. Bharti Forces’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and constructed in accordance with the applicable laws of India, without regard to conflict of law principles. The courts in Mumbai, India shall have exclusive jurisdiction to determine any dispute arising out of, under, or in relation to any of the matters contained in these Terms of Use. All disputes arising out of, or in connection with these Terms of Use shall be referred to arbitration, in accordance with the provisions of the Arbitration and Conciliation Act 1996. The seat and venue of the arbitration shall be Mumbai, India.

SEVERABILITY

If any term of these Terms of Use is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable.

GRIEVANCE OFFICER

Please report any violations or grievances in relation to these Terms of Use to the following personnel:

Name: Manasi Jadhav

Designation: grievance officer

Email-Id: support@bhartiforces.com