Terms Of Use
Xamplay’s products and services (formerly DQ Edge) are provided by Xamplay Edutech Private Limited. These terms of service ( ‘Terms’) govern your access to and use of Xamplay website, products and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.
1. Using Xamplay
a. Who can use Xamplay? You may use our Products only if you can form a binding contract with Xamplay, and only in compliance with these Terms and all applicable laws. When you create your Xamplay account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you - Subject to these Terms and our policies we grant you a limited, non-exclusive, non-transferable, and revocable license to use our website and Products. All intellectual property rights in the website and material and products on the website are owned by Xamplay.
c. You cannot copy, misuse, redistribute, store, reproduce, modify or sublicense any of the content on Xamplay. Doing so will have its consequences as per Digital Millennium Copyright Act.
2. Your License
a. One user license is for one individual user / account only unless there is written authorization from Xamplay.
b. Any individual, group of individuals or institutions can purchase multiple licenses for their students after an official agreement in writing from Xamplay.
c. Xamplay retains the right to allow, refuse or withdraw without notice, the authorization given to any user identified as an individual or institution associated or masquerading as a genuine student.
d. Trainers or Institutions misrepresenting themselves or posing as individual aspirants will be subject to legal proceedings and breach of intellectual property belonging to Xamplay.
3. Your Actions
a. Access To - Xamplay allows you to access its tests, learning material, discussions and articles as free and paid content. We reserve the right to revoke access if our content is misused, copied, redistributed, stored, reproduced, modified, sublicensed.
b. How long do we keep your information - Following termination or deactivation of your account, or if you remove a user from Xamplay, we may retain your user information for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Xamplay and its users may retain and continue to access the site during this time.
c. Feedback you provide - We value hearing from our users, and are always interested in learning about new ways we can make Xamplay more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Xamplay does not waive any rights to use similar or related Feedback previously known to Xamplay, or developed by its employees, or obtained from sources other than you.
4. COPYRIGHT POLICY
Xamplay has adopted and implemented the Xamplay Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
5. SECURITY
We care about the security of our users. While we work to protect the security of your content and account, Xamplay cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
6. THIRD-PARTY LINKS, SITES, AND SERVICES
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Xamplay. Access or usage of this content will be under the terms set forth by these 3rd party providers. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Xamplay, you do so at your own risk and you agree that Xamplay will have no liability arising from your use of or access to any third-party website, service, or content.
7. TERMINATION
Xamplay may terminate or suspend this account or license to use the product at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
8. INDEMNITY
If you use our Products for commercial purposes in violation of Section 1(b), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Xamplay, Xamplay and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your user info, or (c) your breach of any of these Terms.
9. DISCLAIMERS
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. Xamplay?Xamplay SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Xamplay takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Xamplay SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Xamplay’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED RUPEES FIVE THOUSAND (RS. 5000/-).
11. DISPUTE RESOLUTION AND JURISDICTION
In case of any dispute or the interpretation of any of the terms and/or conditions contained herein, the dispute shall be referred to private Mediation by a sole mediator accredited or certified by any High Court of the Republic of India and appointed mutually by the Parties. In the event of failure to resolve the dispute through Mediation as set out above, you shall be at liberty to refer the same for arbitration by a sole arbitrator. Xamplay shall suggest the names of three arbitrators and you may choose one among them and such person shall be the sole arbitrator, to whom the disputes shall stand referred. Such arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended by the Arbitration and Conciliation (Amendment) Act, 2015 or any statutory amendment or re-enactment thereof for the time being in force. The mediation or arbitration shall be conducted in English and the venue for the same shall be in Bangalore, India. These terms shall be governed by the laws of India. Subject to the foregoing, courts at Bangalore City shall have exclusive jurisdiction. Our products are controlled and operated from Bangalore, India and we make no representations that they are appropriate or available for use in other locations.
12. GENERAL TERMS
a. Notification Procedures and changes to these Terms. Xamplay reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products. Please check this page regularly to ensure you are familiar with the current version.
b. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Xamplay without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
c. Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Xamplay in connection with the Products, shall constitute the entire agreement between you and Xamplay concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
d. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Xamplay' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
e. Breaches of these terms and conditions Without prejudice to Xamplay' other rights under these terms and conditions, if you breach these terms and conditions in any way, Xamplay may take such action as Xamplay deems appropriate to deal with the breach, including suspending your access to the website (Xamplay), prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
13. CONTENT AND QUESTIONS
a. Only the content or questions that are part of your package will be made available to you.
b. Copying, misuse, redistribution, storage, reproduction, modification or sublicensing of any content belonging to Xamplay is strictly prohibited and can merit legal action.
c. Content from any 3rd party provider on the platform is subject to the terms of that party or sub-parties.
14. REFERRAL PROGRAM
a. Is only applicable for a limited period and can be withdrawn at any time.
b. The program is subject to change as deemed fit based on usage.
c. Only unique referrals will be counted as valid referrals.
15. PAYMENTS AND PACKAGES
a. Are applicable for a limited period till the aforementioned subscription period selected by the user at the time of purchase.
b. Refunds will not be entertained due to free material being available prior to purchase.
16. APPLYING TO COLLEGES
a. You can apply to a colleges through Xamplay, however it will not be considered as an official application which is subject to the college.
b. The consideration of your application will be totally under the scrutiny of the college and Xamplay will not play any part in it other than to forward your interest.
c. All applications will be treated equally and fairly delivered to the colleges for consideration.
17. DISCUSS
a. Only questions / answers that are relevant to the courses, entrance exams or fields that Xamplay services will be entertained. Non-relevant questions / answers will be filtered out.
b. Use of bad language, inappropriate language or cyber bullying is strictly prohibited.
c. Questions or answers that are deemed promotional, ad based, irrelevant, or redirections to competitor products will be removed.
d. Questions or answers may be reported for review making them unavailable for a limited period or permanently unavailable if it violates the above terms.
e. Discuss is a public platform open to both the general public and Xamplay users. Only Xamplay users will be able to participate in discussion.
18. ARTICLES
a. Articles are published by an inhouse team and is open to the general public
b. They can be viewed, shared and commented on. However, comments that are deemed harsh or irrelevant will be removed.
19. SOCIAL DRAWINGS (ANY UPLOAD)
a. All sketches, images or drawings uploaded on the platform will or can be made available publically to others on or outside the platform without any monetary reimbursement.
b. Uploading of any sort of illicit, irrelevant, inflammatory, unnecessary or explicit content on the platform is strictly prohibited and can lead to a permanent ban from using the platform.
c. Evaluation of uploaded content is subject to faculty availability with no guarantee or promise of feedback.
20. FEEDBACK AND BUG REPORTING
a. Your feedback and reports are completely anonymous and will be used to improve the platform and solve issues.
b. Avoid reporting things that may not be an issue or is already resolved.
c. We reserve the right to entertain or discard suggestions or issues that are not in the platform's long-term interest.