Terms & Conditions

Read our terms below to learn more about your rights and responsibilities as a Questt user.

Last updated: May 01, 2022

END USER LICENSE AGREEMENT

1. Introduction

1.1 THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

PLATFORM

1.2. The mobile Application titled ‘Questt’ (“Platform”) is owned by Reallearning Technologies Private Limited, having its registered office at Unit No. 302, Vipul Trade Centre, Sector-48, Sohna Road Gurgaon, Haryana - 122018 (hereinafter referred to as “Questt” or “We” or “Us” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns)

1.3. Please read this Terms of Use (“TOU”) carefully, as it contains the terms and conditions governing your use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs etc. that Questt may make available through the Platform and any services that Questt may provide through the Platform. In order to use the Platform, you must first agree to this TOU. By accessing, browsing or using the Platform or otherwise clicking to accept this TOU, if and when prompted on the Platform, you are agreeing to this TOU and concluding a legally binding contract with Questt. Please do not access or use the Platform or otherwise click to accept this TOU, if and when prompted on the Platform, if you do not agree with any of the terms provided below or are unable to be bound by them. As a condition of your access to and use of the Platform, you hereby agree that you will comply with this TOU and all applicable laws and regulations when using the Platform.

1.4. Questt reserves the right, at its sole discretion, to change, modify, add or remove portions of this TOU, at any time and will notify you at least once in a year, or whenever there is a change in the TOU, by email or by posting a conspicuous notice on the Platform. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to the TOU. As long as you comply with this TOU, Questt grants you a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Platform

1.5. You should read the TOU and access and read all further linked information, if any, referred to in the TOU, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to Questt’s privacy policy (“Policy”) is hereby incorporated by reference into this TOU

1.6. If you are unwilling or unable to be legally bound by this TOU, please do not use the Platform or otherwise click to accept this TOU, if and when prompted on the Platform. You cannot accept this TOU if: (a) you are not lawfully entitled to use the Platform; or (b) if you are not of legal age to form a binding agreement with Questt.

TERMS OF USE

1.DEFINITIONS

1.1 For the purpose of this TOU, wherever the context so requires, the term

(a) "Force Majeure Event” shall mean any event that is beyond Questt’s reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, foreign or governmental order including orders of lock-down, quarantine, an outbreak of an epidemic, pandemic or other communicable diseases, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within Questt’s control and which Questt is not able to overcom

(b) “User” shall mean any person visiting or using the Platform to avail the Services

All other capitalised words and expressions defined by inclusion in quotation and/ or parenthesis anywhere in this TOU, shall have the same meanings as ascribed to such words and expressions

2. MEMBERSHIP ELIGIBILITY

Use of the Platform is available only to natural persons above the age of 14 (Fourteen) years who can enter into legally binding contracts. Persons ineligible to enter into binding contracts in their respective jurisdictions, including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. If a minor wishes to use or transact on the Platform, it will be assumed that he/she has obtained the consent of the legal guardian or parents and such use or transaction will be made available by the minor’s legal guardian or parents on the Platform. Questt reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the notice of Questt or if Questt discovers for itself that such person is not eligible to use the Platform or the consent to use the Platform is not made by the minor’s legal guardian or parents

3. ACCEPTANCE OF TOU

3.1. In order to use the Platform, you must first agree to this TOU. You can accept the TOU by (a) Signing up with Questt and logging onto Questt by using the Login Credentials (defined below);
(b) Actual usage of the Platform. In this case, you understand and agree that Questt will treat your use of the Platform as acceptance of the TOU from that point onwards; or
(c) By clicking to accept this TOU, if and when prompted on the Platform.

4. OPENING AN ACCOUNT

4.1. In order to use the Platform, you will have to create an account on the Platform by signing up on the Platform (“Account”), which can be done by providing/ using the following: (a) your cell phone number with One Time Password (OTP); or (b) such other login credentials that are adopted by Questt from time to time and duly intimated to you. Upon entering the required details, your Account may be verified by such auto verification process as deemed fit by Questt and adopted by Questt from time to time and duly intimated to you, and upon completion of verification, the Account is created and is ready for use. You shall not transfer or share your Account information with anyone or create more than one Account.

4.2. While signing-up on the Platform, you shall not:
(a) create a Account for anyone other than yourself, unless such person's prior permission has been obtained; or
(b) use a name for the Account that is the name of another person with the intent to impersonate that person

4.3. Questt cannot and will not be liable for any loss or damage arising from your failure to comply with this provision

5. USERNAME AND PASSWORD

5.1. Once registered, in order to log into the Account, you will first have to log into the Account on the Platform by providing the following: (a) the cell phone number used at the time of signing-up with OTP; or (b) such other login credentials that are adopted by Questt from time to time and duly intimated to you for logging into the Account on the Platform and are used by you at the time of signing-up (“Login Credentials”)

5.2. You shall be solely responsible for maintaining confidentiality of the Login Credentials, and to the extent allowed by law, you hereby accept responsibility for all activities on the Account authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the Platform through the Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. Questt shall not be held liable in any manner whatsoever for lack of any such authorization whilst using the Account

5.3. In case of any misappropriation or unauthorized access of the Account, you agree to communicate the same to Questt immediately. You shall further ensure that you exit/ logout from the Account at the end of each session. Questt shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by Questt or any user or visitor of the Platform due to authorized or unauthorized use of the Account, as a result of your failure in keeping the Login Credentials confidential

5.4. You agree that the information provided by you to Questt, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if Questt has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with this TOU, Questt shall have the right to indefinitely suspend or terminate or block access to the Account on the Platform and refuse to provide you access to the Platform. You are advised to use due caution when providing any information to Questt accordingly.

6. SERVICES

6.1. The Platform and the services provided therein are compatible only with the following devices/tablets/instruments/hardware [Android Phones running Android OS v8.0 or higher and iPhones Phones running iOS v12 or higher] (hereinafter, the “Devices”). It is your sole responsibility to ensure that the necessary Devices are in your possession to be able to access the services on the Platform

6.2. The provision of services on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Questt strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and Questt isn’t liable for any disruption or loss you may suffer as a result

6.3. Questt may discontinue some or all the services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.

7. AGREEMENT TO RECEIVE COMMUNICATION

You hereby by way of accepting this TOU consent to the receipt of communication from Questt by way of in Platform messages, Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to your registration, transactions that you carry out through the Platform and promotions that are undertaken by Questt, services from Questt and its third-party partners, as applicable.

8. LINKS TO THIRD PARTY WEBSITES

The Platform may contain links and interactive functionality interacting with the websites of third parties. Questt is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Questt strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

9. RIGHTS OF THE USER AS A DATA SUBJECT UNDER THE GENERAL DATA PROTECTION REGULATION (REGULATION (EU) 2016/679) (“GDPR”), WHERE APPLICABLE

Where (a) you are a resident of the European Union (“EU”), Lichtenstein, Norway, or Iceland; or (b) in other circumstances exist which warrant the applicability of the GDPR to the processing of your personal information, you shall have additional rights under the GDPR. Questt, as a data processor, is committed to protecting the privacy of and security of any and all your personal information that is processed by Questt in compliance with the GDPR and other applicable data privacy legislations.

As a data subject whose personal information is being processed, you shall have the following rights in connection with your personal information collected by Questt whilst providing the services on the Website, i.e., the right of (a) access; (b) rectification; (c) erasure; (d) withdrawal of consent; (d) portability; (e) objection to the further use and disclosure of your personal information; and (f) restriction of processing your personal information. Further details of such rights and the manner of exercising the same have been indicated in the Policy. Our privacy practices, as contained in the Policy, are subject all times to the applicable data privacy legislations.

10. USE OF THE PLATFORM

10.1. You agree, undertake and covenant that, during the use of the Platform, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
(a) belongs to another person or entity and to which you do not have any right, except as expressly provided in this TOU.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever.
(c) is misleading in any way.
(d) is harmful to minors.
(e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
(f) infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).
(g) provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
(h) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, communities, Account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform.
(i) engages in commercial activities without Questt’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
(j) interferes with another person’s use of the Platform.
(k) impersonates another person.
(l) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States.
(m) refers to any website or URL that, in Questt’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of this TOU.
(n) deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
(o) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
(p) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
(q) violates any applicable law for the time being in force.

10.2. You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge than in no event and under no circumstances shall Questt be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform. You shall not use anyone else’s Account at any time, however you may use the Account of another person provided the person creating the Account has authorized such use

10.3. You agree and acknowledge that you shall not use the Platform for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your use of the Platform. You further agree and acknowledge that you shall use the services provided on the Platform only for your personal use and not for business purposes.

10.4. Questt shall have the right, but not the obligation, to monitor your access to or use of the Platform to ensure your compliance with this TOU or applicable laws, at its sole discretion.

11. USERS’ POSTS AND REVIEWS

11.1 The Platform may allow you to post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular product/ service, and rate product/ service, post your comments and reviews in relation to the product/ service on the Platform on specific pages of the Platform, as well as submit/ post any suggestions, comments, questions or other information to Questt using the Platform (collectively referred to “User Content”).

11.2 You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Platform. You represent and covenant that you have obtained all relevant consents and approvals in order to post any User Content and shall not post any content relating to or owned by a third party for the promotion or sale of products/ services of such third party. You further represent that all such User Content will be in accordance with applicable laws. You acknowledge that Questt does not endorse any 7 User Content on the Platform and is not responsible or liable for any User Content. Questt reserves the right to remove any third-party marketing material and disable access to the User Content on the Platform

11.3 You hereby grant Questt a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach this TOU; and (iii) that such User Content is lawful.

11.4 You further represent and warrant that while posting any User Content on the Platform you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

12. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

12.1 Except for User Content, all of the content and services and products provided on the Platform, including Platform Database, text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by Questt or others (including without limitation, the third party service providers) that Questt licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.

12.2 You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by Questt and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Questt and such others. You thereby agree to protect the proprietary rights of Questt during and after the term of this TOU. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for your own personal use and for no commercial purposes whatsoever.

12.3 You shall use the Platform strictly in accordance with this TOU, and shall not, directly or indirectly, (i) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (ii) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Platform, including your use of any Content; (iv) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (v) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (vi) distribute or transmit the Platform or other services; (vii) use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with this TOU; (ix) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any services offered by Questt; or (x) derive any confidential information, processes, data or algorithms from the Platform.

12.4 Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.

13. TERMINATION OF ACCESS TO PLATFORM

13.1 Your Account can be terminated at any time by:
(a) You, by ceasing to use the Platform.
(b) You, by deleting the Account on the Account.
(c) Questt, in its sole discretion for any reason or no reason, including your violation of this TOU or lack of use of Platform. You acknowledge that the termination of access to the Platform may be affected without any prior notice, and Questt may immediately deactivate or delete the Account and all related information and/or bar any further access to the Account or the services provided on the Platform, subject to applicable law.

13.2 Any information in relation to the Services provided by you and/or any information in relation thereto shall remain accessible to you on the Platform until termination and/or deletion of the Account, subject to applicable law. You shall be solely responsible to recover any such information prior to the termination and/or deletion from your Account.

13.3 You agree and understand that the deletion of the Account will automatically result in deletion of the Account.

13.4 The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of this TOU.

14. CHARGES/ FEE & REFUNDS

14.1 You understand that in exchange for providing the services and/or for availing specific services as may be introduced by Questt in the future, you may be required to pay such charges as may be indicated by Questt to you from time to time.

14.2 The Platform permits payment via. various modes, including virtual payment wallets and online payments through debit/credit cards and internet banking or any other method adopted by Questt from time to time.

14.3 You understand and agree that once a payment for the services have been made, there will be no refund provided.

14.4 You understand that while availing any of the payment method/s available on the Platform, Questt will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
(a) Lack of authorization for any transaction(s);
(b) Exceeding the pre-set limit mutually agreed by the User and between bank/s;
(c) Any payment issues arising out of the transaction; or
(d) Rejection of transaction for any other reason(s) whatsoever

15. REFERRALS AND REWARDS

From time to time, Questt may offer referral bonuses and rewards to you for inviting new users to the Platform and for completing other activities

16. RIGHTS & RESERVATIONS

16.1 Questt reserves the right to:
(a) Make all decisions in relation to interalia your registration with Questt;
(b) Request additional documents and additional information from you for the purpose of your registration as a user with the Platform; and
(c) Deny access to the Platform or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under this TOU; (iii) violation of any of the provisions of this TOU or any applicable laws.

17. DISCLAIMER OF WARRANTIES

THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM INCLUDING INFORMATION FORMING PART OF THE PLATFORM DATABASE (COLLECTIVELY, THE "CONTENT") ARE PROVIDED BY QUESTT ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. QUESTT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT. YOU ACKNOWLEDGE AND UNDERSTAND THAT THIRD PARTY SERVICES ARE BEING MADE AVAILABLE ON THE PLATFORM IN RELATION TO WHICH QUESTT MAY HAVE PARTNERSHIPS WITH SOME OF THESE THIRD PARTIES IN ORDER TO FACILITATE THE PROVISION OF SERVICES TO YOU THROUGH THE PLATFORM, INCLUDING THE FACILITATION OF THE SUBSCRITION FEE, WHERE APPLICABLE, THROUGH THIRD PARTY PAYMENT GATEWAYS. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT QUESTT, AT NO TIME, IS MAKING ANY REPRESENTATIONS OR WARRANTIES REGARDING PROVISION OF SERVICES BY ANY OF THESE THIRD PARTIES NOR WILL QUESTT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH SUCH THIRD PARTIES. QUESTT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUESTT OR THROUGH OR FROM THE PLATFORM OR CONTENT SHALL CREATE ANY WARRANTY. TO THE FULL EXTENT PERMITTED BY LAW, QUESTT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, COMPATIBILITY, APPCABILITY, USABILITY, APPROPRIATENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTY THAT MAY ARISE 10 OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS QUESTT, ITS AFFILIATES AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF THE SERVICES AVAILABLE ON THE PLATFORM AND FROM ANY CLAIMS YOU MAY HAVE AGAINST QUESTT WITH RESPECT TO THE SERVICES PROVIDED BY ANY THIRD PARTY.

18. LIMITATION OF LIABILITY

In no event shall Questt or its affiliates, or their respective officers, directors, employees and agents be liable for any special, incidental, indirect, consequential, exemplary or punitive damages, or loss of profit or revenues whatsoever resulting from any (a) errors, mistakes, or inaccuracies of Content; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the services on the Platform or the failure of the services to remain operational for any period of time; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (e) any loss of your data arising from any use of or inability to use any Content or other parts of the Platform; (f) your failure to keep Login Credentials or Account details secure and confidential; and/or (g) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Questt is advised of the possibility of such damages. Questt shall not be liable under any circumstance for damages arising out of or in any way related to products, services and/or information offered or provided by third parties through the Platform.

19. INDEMNIFICATION

You shall indemnify and hold harmless Questt, its affiliates, and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this TOU, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

20. PRIVACY POLICY

Please review the Privacy Policy, which also governs your visit to the Platform, to understand Questt’s privacy practices. The personal information / data provided to Questt by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform

21. ASSIGNMENT

You shall not license, sell, transfer or assign your rights, obligations, or covenants under this TOU in any manner without Questt’s prior written consent. Questt reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under this TOU to any third party.

22. GOVERNING LAW AND DISPUTE RESOLUTION

This TOU shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Gurgaon, Haryana. In the event of any dispute arising out of this TOU the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Gurgaon, Haryana.

23. SEVERABILITY AND WAIVER

This TOU, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between you and Questt with respect to the products/services offered on the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Questt with respect to the subject matter contained herein. If any provision of this TOU is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the TOU will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

24. HOW TO CONTACT US

If you have questions or concerns about this TOU, please contact Questt at the following email address: supprt@questt.com

25. PAID USER TERMS AND CONDITIONS

As a paid user of Questt, you:

(a) Agree and understand that the Service Provider merely provides an infrastructure that enables the Student to avail services offered by the Service Provider, including without limitation, a technology platform that facilitates provision of personalized study plans, quizzes, doubt-solving sessions, and study coach.

(b) Agree and understand that the Service Provider does not perform the following activities: (a) provide regular tuition or coaching classes or textbooks/study materials; (b) offer doubt solving sessions with experts; (c) conduct offline/online one-to-one classes in any form; (d) conduct sessions in any other language except English; and (e) entertain any request for refund or cancellation once the subscription plan has been purchased by the User.

(c) Agree and understand that the Subscription is for the duration of 1 year from the date of signing, and the amount paid for signing is a partial installment. The remaining balance will be paid either in monthly installments (EMIs) or in quarterly payments, as per the payment schedule provided. I agree to fulfill these payment obligations in a timely manner according to the agreed schedule.

(d) Agree and undertake that I have given a free, specific, informed, unconditional and unambiguous consent to access and utilize the services provided by the Service Provider and I am not subject to any undue influence.

(e) Agree and undertake that any and all actions performed and transactions undertaken by the Student on the App or otherwise are out of free will and I accept full responsibility for any consequences that may arise thereof.

(f) Release and discharge the Service Provider, its affiliates, subsidiaries, their respective partners, members, directors, officers, employees, stockholders, shareholders, agents, lawyers and assigns, from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions of the Student from the date of signing this acceptance and acknowledgement form. This general release includes but is not limited to all claims against the Service Provider by the Student arising out of acts or omissions of a third-party providing services through the App.

(g) Waive any right to hold the Service Provider liable for any acts of bullying, harassment or cyber bullying of the Student by any third-party providing services through the App.

26. GRIEVANCE REDRESSAL MECHANISM

24.1 In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

24.2 For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of this TOU or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder

27. DATA PROTECTION OFFICER

In accordance with the provisions of the GDPR, the name and contact details of the Data Protection Officer are provided below: