Welcome to Extramarks Smart Study Tablet / SD Card (hereinafter referred to as "the product") for supplementing the pursuit of academic excellence operated by Extramarks Education Private Ltd. By using the product, you accept and agree to be bound by the following terms and conditions. Nothing contained in these Terms of Service (hereinafter referred to as "the Agreement") should be construed to confer any rights to any third party beneficiary.

You (hereinafter referred to as "the User"), by buying the product and clicking on the "Agree" button below / in product, hereby agree to be bound by the following terms and conditions:

Extramarks Smart Study Tablet / SD Card comes with a one year standard warranty as provided by Tablet / SD Card vendor.

Even though you are the legal owner of the Tablet / SD Card, all the ownership rights, title and interest in the Educational Content stored on the Tablet / SD Card belongs to Extramarks. You are only a licensee authorized to use the said Educational Content stored on the Tablet / SD Card for a period not exceeding as activated by the Activation Keys. On expiry of this period, Extramarks has full rights to delete / destroy the content on the Tablet / SD Card unless the license is renewed by you.

Product Renewal

Extramarks will provide feature to renew the license after the earlier license has expired. After the expiry date, a new license will have to be obtained. Extramarks maintains the rights to delete the content on or after the expiry date.

Upgrade of Content

To upgrade to another grade, you will need to acquire a new SD Card at the prevalent price for the respective grade.

Product Activation (requires Internet)

Extramarks Smart Study Tablet / SD Card can be activated through the License ID and Activation Keys provided with the Tablet / SD Card. You are not allowed to share these keys with anyone as they control the activation of your product.

The application binds the product to your Tablet and to date of activation. The product can only be used on the activated tablet. Any manipulation of tablet date will make the product unusable.

The user agrees to independently verify the authenticity and veracity of the Educational Content stored on the Tablet / SD Card. Extramarks does not take any responsibility as to the authenticity and veracity of the Educational Content stored on the Tablet / SD Card. The user shall not bring any action against Extramarks for any inaccuracy in the Educational Content and Extramarks will not be liable in any such action, if taken, by the user.

Educational Content 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 Extramarks with considerable time and expense. It shall include all future developments or additions made in the existing Educational Content. The intellectual properties, concepts, development codes, etc in the Educational Content belong exclusively to Extramarks.

Please store the License ID and Activation Keys in a safe storage as both will be needed for any correspondence with Extramarks.

User / Product Registration (requires Internet)

It is recommended to register and update your profile by using "GoOnline" feature of this product. A valid registration will result in quick support / troubleshoot from Extramarks support team.

MIS / Usage/ Assessment / Application Error Data

Extramarks maintains the rights to synchronize your usage / assessment data / application error logs for this product onto Extramarks Cloud server.

User's Uploaded Data

Extramarks maintains the rights to reuse / share the user's uploaded content onto Extramarks Servers to enable community learning and sharing.

CHANGES TO EXTRAMARKS AND TERMS AND CONDITIONS

We reserve our right to modify or terminate the services offered on the site / in product for any reason, without prior notice, without liability to the user or any other members or third party. We also reserve the right to modify the ToS from time to time without notice. The user agrees to regularly review the ToS to keep himself apprised of any such changes.

ELIGIBILITY, REGISTRATION AND ACCESS

The decision to grant access to the services of the product is the prerogative of Extramarks and its decision in this regard shall be final and binding on the user. The user consents that Extramarks reserves its right to take all necessary measures to deny access to its services or the termination of services, if the terms and conditions provided in this Agreement are not complied with or are contravened or there is any violation of copyright, trademark or other valuable proprietary right as described in this Agreement. In order to use the product, the user must obtain access to the Internet for activation / renewal of the product, for GoOnline section, content updates and for synchronization of usage & user's data to Extramarks Cloud Servers.

TERMS OF SERVICE(ToS)

• The use of the Extramarks website, or any of its services and features and user to user interface provided by the site, the information and material contained therein implies and constitutes the user's consent to this agreement, the user unequivocally agrees to abide by these terms and conditions
• The user agrees that Extramarks has control regarding the subject matter contained on this site and these opinions regarding subject matters contained on the site may be different from those prevalent at that point of time. The user is aware and agrees that these opinions are subject to change from time to time without prior intimation to the user.
• The answers, information, material and content have been posted on Extramarks by exercising due diligence and care and are correct and true to the best of the knowledge and intent of the site. However the user agrees to independently verify the authenticity and veracity of the answers, information, material and content posted on the site. The site does not hold any responsibility as to the authenticity and veracity of the answers, information, material and content on the site. The user agrees to indemnify the site against all actions brought out in this regard. The answers, information, material and content on the site should not be construed as an advice to the user. Any action taken by the user on the basis of the information contained on the site is the responsibility of the user alone and Extramarks will not be liable in any manner or form for the consequences of such action taken by the user.
• The user agrees and understands that the information available on the site is not meant for supplementing the knowledge of the user for competitive exams and promises to hold free the site of all liabilities that may arise from the direct or indirect use of the information available on the site.
• The user understands that model questions / sample papers and their answers posted on the site have been prepared by the Extramarks based on the limited resources available at its disposal and human errors may inadvertently creep in despite the site’s best efforts. The user agrees not to hold the site responsible for such errors or omissions. The Extramarks does not provide any time limit or provides any express or implied time warranty of any kind, regarding any matter pertaining to this service. The Extramarks for its services rendered does not provide any implied warranties of merchantability, fitness for a particular purpose. Extramarks shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at this product.
• The user is aware and understands that Extramarks does not provide any judgment or warranty regarding the authenticity or correctness of the content of other services or sites that the screen links refer to. The user is aware and understands that a link to another service or site is not an endorsement of the service or site and Extramarks shall not be responsible in any manner whatsoever for the consequences of any act or omission on the part of the user on the basis of the information contained in such other services or sites.
• Extramarks reserves its right without prejudice to monitor the use of all or any part of its service without any prior intimation or any obligation to the user.
• The user agrees that he shall not alter the information, content or material or use of such information, content or material contained on the product for any purpose that constitutes a violation of the copyright of Extramarks or of a third-party information provider. The user agrees not to copy, reproduce, republish, upload, post, transmit or distribute any content available on the product in any way for any use without obtaining the prior written consent from Extramarks.
• The user agrees that he shall not solicit or invite other users to share the credits/points / license ids / activation keys that he buys / earns, that accrue to him in his individual capacity; and agrees not to sell the credits/points/ license ids / activation keys 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 keys that he has sold or shared and shall forfeit all his credits/points / license ids / activation keys accumulated and his account shall be terminated.

USER CONDUCT AND PROHIBITED ACTS

The content on the product is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities are strictly debarred from using the contents of the product for any purpose. 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:

• modifying, adapting, translating, or reverse engineering any portion of the product or content thereof
• removing any copyright, trademark or other proprietary rights notices contained in or on the product or content thereof
• using device / software code to retrieve or index any portion or the product or content thereof
• collecting any information about other users (including usernames and/or email addresses) for unauthorized purposes
• reformatting or framing any portion of the content / web pages that are part of the product or content thereof; creating user accounts / license ids / activation keys by automated means or under false or fraudulent pretenses
• submitting information or material that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any person
• transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature
• submitting information or material that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
• harm minors, children and women in any way or "stalk" or otherwise harass others
• submitting information that is obscene, voyeuristic or contains pornography or contain an "indecent representation of women" within the meaning of any law for the time being on force; or cause to be displayed or transmitted or circulated through the site in any electronic form, any material which is lascivious or appeal to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to the fact that the site is meant for educational and academic pursuit by students who are yet to reach an age capable of discerning the propriety of the material contained or embodied in such transmission.
• upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or a threat to the nation's communal harmony, peace and security
• 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)
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
• intentionally or unintentionally violate any applicable local, state, national or international law
• Any other conduct, act or behaviour that is illegal or unlawful.

While Extramarks prohibits such conduct and content on the product or content thereof, you understand and agree that you nonetheless may be exposed to such information materials and that you shall immediately inform Extramarks of such violation. If you continue to use the product or content thereof you shall do so at your own risk and peril.

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 Extramarks 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.

PROPRIETARY RIGHTS

User acknowledges and agrees that the Extramarks service and any necessary software used in connection with the service contains proprietary and confidential information that is protected by the intellectual property and other laws of South Africa. User further acknowledges and agrees that material and content contained in sponsor advertisements or information presented to the user through the Extramarks services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Extramarks or advertisers, user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Extramarks service, in whole or in part.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• Your use of the product or content thereof is at your sole risk. The product and content thereof is provided on an "as is" and "as available" basis. Extramarks expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Extramarks shall have no liability to you for any interruption or delay in access to the product or content thereof irrespective of the cause.
• Extramarks makes no warranty that (i) the product or content thereof will meet your requirements, (ii) the product or content thereof will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the product or content thereof will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the product or content thereof will meet your expectations, and (v) any errors in the software will be corrected.
• Any material downloaded or otherwise obtained through the use of the product or content thereof is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained by you from Extramarks or through or from the service shall create any warranty not expressly stated in this Agreement.

INDEMNITY

You agree to indemnify and hold Extramarks, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to or transmit through the service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the product and / or content thereof.

MODIFICATIONS TO SERVICE

Extramarks 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 Extramarks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the product or content thereof.

NOTICE

No notices to the user may be made via email or regular mail unless and under its discretion, Extramarks deems it desirable and absolutely necessary and as demanded by law. The service of the site may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to the user generally on the service.

TRADEMARK INFORMATION

The product's and / or the content thereof's design and the service marks, and other logos and product and service names are trademarks of Extramarks Education Pvt. Ltd. You agree not to display or use in any manner, the trademarks of Extramarks.

COPYRIGHT

The user agrees not to infringe the copyrights of Extramarks and other users in any manner whatsoever. The user understands and acknowledges that copyright of all the content on the product and / or the content thereof belongs exclusively to Extramarks.

VIOLATIONS

Please report any violation of the terms and conditions of this agreement to sacustomerservice@extramarks.co.za

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such

Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of South Africa and any dispute arising out of the use of the site shall be subject to the exclusive jurisdiction of courts, South Africa. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The user shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent, any such purported assignment or delegation will be null and void and of no force or effect.

WARRANTY INFORMATION

Warranty Period:

• Tablet Device and SD card: 12 Months
• Specific Parts / Accessories: Battery, Earpiece, Data Cable, Charger: 6 Months

Warranty Details:

• The warranty is confined to the first purchaser of the product only and is not transferable.
• In the event of repairs of any part/s of the unit, this warranty will thereafter continue and remain in force only for the unexpired period of the warranty. The time taken for repair and in transit whether under the warranty or otherwise shall not be excluded from the warranty period.
• In case of any damage to the product / misuse detected by the authorised Extramarks personnel, the warranty conditions are not applicable and repairs will be done subject to availability of parts and on chargeable basis only.
• In the event of any unforeseen circumstance, and spares not being available, the company's prevailing depreciation rules will be binding on the purchaser to accept as a commercial solution in lieu of repairs.
• Safety of the device / accessories / SDCard are the responsibility of the owner.

THIS WARRANTY IS NOT APPLICABLE IN ANY OF THE FOLLOWING CASES:

• The purchase invoice is not presented to the service engineer at the time of repairs being undertaken / requested.
• Defects causes due to any physical damages
• Defects due to causes beyond control like lighting, abnormal voltage, acts of god or while in transit to service centre or to the purchaser's residence.
• Defects caused by household pets, rats, cockroaches or any other animals or insects.
• Warranty is void if the device have been opened by non-authorised personnel / tempered.

Please visit http://www.extramarks.co.za/extramarks-live-tab for more details on the product, support, Warranty and Terms & Conditions.

Copyright © 2017 Extramarks. is the owner of the content and application; and maintains the IP on it - duplication, modifying, adapting, translating, hacking, or reverse engineering any portion of the Extramarks product will lead to infringement / violation of Extramarks intellectual property.