Welcome to our website/application. If you continue to browse and use this website/application you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern IBHA Technologies private Limited’s relationship with you in relation to this website and the product which you purchase through this website.
- Definitions:
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexure, Privacy Policy and will include the references to this Agreement as amended, replaced, supplemented or varied from time to time."
"Vendor"/"Seller" shall mean the (use full form of IBHA here) or ‘IBHA’ or ‘IBHA Technologies Pvt. Ltd.’
"Customer" / "Buyer" shall mean the person or any legal entity who buys any of the products or accesses the services/solutions provided by the IBHA.
"User"/"You" means and includes you and/or any person or an entity using or accessing the services provided on this Site and includes purchasers of M-SWADHYAYA
User Agreement: The terms and conditions contained herein along with the Privacy Policy form an agreement (“Agreement”) regulating the relationship between IBHA and the customer/buyer with regard to the use of M-SWADHYAYA by the customer/buyer. The customer/buyer is advised to read this Agreement carefully. If the customer/buyer is not agreeable to any terms and conditions, then the customer/buyer should not use this service. The customer/buyer shall use M-SWADHYAYA only if he/she is agreeable to all the terms and conditions of this Agreement in their entirety. If the customer/buyer accepts this Agreement, it will be a legally binding agreement between the customer/buyer and IBHA.
Applicable Law: The products and services offered by IBHA are created and owned by the IBHA, Bangalore, India; as such the laws of India shall apply. The Courts in Bangalore shall have exclusive jurisdiction in respect of all the terms, conditions and disclaimers. IBHA reserves the right to make changes to the site and the terms, conditions and disclaimers.
Eligibility: The customer/buyer represents and warrant that he/she are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement.
Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to use our products or services. Persons who are minors, un-discharged insolvents etc. are not eligible to use our products or services. As a minor if you wish to use our products or services, such use shall be made available to you by your legal guardian or parents. IBHA will not be responsible for any consequence that arises as a result of misuse of any kind of our products or services that may occur by virtue of any person including a minor using the services provided. By using the products or services you warrant that all the data provided by you is accurate and complete and that you have obtained the consent of parent/legal guardian(in case of minors). IBHA reserves the right to terminate your subscription and / or refuse to provide you with access to the products or services if it is discovered that you are under the age of 18 years and the consent to use the products or services is not made by your parent/legal guardian or any information provided by you is inaccurate.
Term of Agreement/Service: This Agreement shall continue to be in full force and effect for so long as you are using the products/services offered by IBHA. You are agreeing to use the services/products in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy and with all applicable laws and regulations. However IBHA reserves the right, in its sole discretion, to stop your access to its services/products thereof at any time.
Modification of Terms and conditions of Service: IBHA may at any time modify the terms and conditions ("Terms") of the Service without any prior intimation. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.
Use of the product, service and the site: The content of the pages of this app & website are for your general information and use only. It is subject to change without notice. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through this website and ensure that the product/service meets your specific requirements.
Warranties & Guarantees: Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in our products, services & website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Trademark and Copyrights: All information, content and material, including the software, text, images, graphics, video and audio, contained in the SD Card and the products and services are copyrighted property of IBHA Technologies Private Limited. All trademarks, services marks, trade names, and trade dress are proprietary to IBHA Technologies private Limited. You understand that “M-SWADHYAYA” is non registered trsdemsrk of IBHA Technologies Private Limited). This trademark may not be used in any manner without prior written consent of IBHA Technologies Private Limited. No information, content or material from the our products and services may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from IBHA Technologies private Limited and nothing on this SD card shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to IBHA Technologies private Limited, to the User. You may own the medium on which the information, content or materials resides, but IBHA Technologies private Limited retain full and complete title to the information, content or materials and all intellectual property rights therein.
Validity of the SD card and the application: M-SWADHYAYA purchased by you will be valid till the day of the exam for which it is programmed and sold. As soon as the exam gets over, IBHA will deactivate the application in the SD card. In case of postponement or cancellation of exams please see the next clause.
Postponement or cancellation of exam: If the exam is postponed by the authorities or a court of law the application will be accessible till the date to which the exam is postponed. In case if the exam is cancelled by the authorities or a court of law, IBHA will immediately deactivate the application without any notice.
Contents of the application: The contents in the application are compiled by IBHA by engaging academics who excel in their field and based on the prescribed syllabus by the authorities. Any change in syllabus subsequently after the examination is notified but before the examination is conducted, IBHA will not provide or modify contents of the application for change in syllabus. However, IBHA will regularly host materials, notes and etc on its website(m-swadhyaya.com) which can be accessed by using internet connection. Please note that the updates will be available only on m-swadhyaya.com website. In spite of taking due diligence and care in compiling the contents any inaccuracies that may have crept in, then IBHA will not be responsible for it and if it is brought to its notice IBHA will make sure that the inaccuracies are corrected for the next exams. That in addition to using M-SWADHYAYA, IBHA also encourage you to refer to books, notes, study materials and etc available in the market.
Other Terms and conditions:
- This app & website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms;
- All trademarks reproduced in this app & website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of this app & website may give rise to a claim for damages and/or be a criminaloffence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without the prior written consent of IBHA Technologies Private Limited.
- Your use of our products and services provided for herein is solely for your personal and non-commercial use. Your use of product is limited to specific exam or academic year for which content is created, IBHA Technologies Private limited reserve rights to deactivate contents. Any use of the SD Card or its content other than for personal purposes is prohibited. Your personal and non-commercial use of this SD Card and / or our services shall be subjected to the following restrictions:
- You may not decompile, reverse engineer, or disassemble the contents of the SD Card and / or our products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the SD Card and / or our products.
- You will not (a) use our product or service for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the SD Card and / or our products and services in any way that is unlawful, or harms IBHA Technologies Private Limited or any other person or entity as determined by IBHA Technologies Private Limited.
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- IBHA Technologies Private Limited products and / or services, including the IBHA Technologies Private Limited application and content, are compatible with limited range of devices (Please see for a list of supported devices on website m-swadhyaya.com). The application and content may work in any other devices supporting the vernacular language Kannada and other fonts. IBHA Technologies Private Limited, shall not be obligated to provide workable products and / or services for any tablets/mobiles other than set of mobile devices that are recognized by IBHA Technologies Private Limited or those tablets/mobile phone devices that may be purchased from any third party which are not compatible with products developed by IBHA Technologies Private Limited.
- IBHA Technologies Private Limited or any of its subsidiaries or content partners shall have no responsibility for any loss or damage caused to tablet/mobile phone devices or any other hardware and / or software, including loss of data or effect on the processing speed of the tablet/mobile devices, those results from the use of our products and services. (since you are selling only the sd card, )
- IBHA advices you to use M-SWADHYAYA with the devices on which the application was tested by IBHA and it works without any glitch. Visit m-swadhyaya.com for list of devices
- In no event will IBHA Technologies Private Limited. be liable for damages of any kind, including without limitation,
- Indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage, loss of programs or information), or
- Direct damages in excess of the amount paid to IBHA Technologies Private Limited for the product and / or service, arising out of the use of, misuse of or inability to use, or errors, omissions or other inaccuracies in the Site or the products and / or services, or any information provided on the Site. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, in such instances, some of the above limitations may not apply to the buyer.
- The products offered/sold by IBHA must be purchased only from the retailers recognized by IBHA Pvt Ltd. Any purchases from retailers or otherwise not recognized by IBHA Pvt. Ltd., then IBHA Pvt Ltd is not responsible for any claims over it.
- For return of product(s) damaged at the time of delivery, the shipping charges shall be borne by IBHA Technologies Private Limited. However, for return any of the product(s) for any other reasons, it shall be the responsibility of the customer/buyer to arrange for the return of such cancelled product(s) and the shipping charges shall be borne by such customer/buyer. Further, if the customer/user activates the application by entering the code/key provided in the scratch card contained in the box, then under no circumstances IBHA any claim or return of product for damages will be entertained.
- We request you not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery. The products must be returned in the same condition / unopened to the authorized retailer from whom it was purchased. Any products returned showing signs of any use or damage in any manner shall not be accepted for return.
- All requests for return of products have to be placed within 7 days from the date of delivery/purchase from the authorized retailer. Please note that no refunds shall be claimed or will be entertained after 7 days from the date of delivery/purchaser. No replacement or claims whatsoever will be entertained if the package is purchased from other than our authorized retailer and any such purchase by you from third party will be entirely at your own risk and IBHA will not responsible for any claim whatsoever over such purchase.
- IBHA Technologies Private Limited may also contact the user through sms, email and call to give notifications on various important updates. Therefore, User holds IBHA Technologies Private Limited non liable to any liabilities including financial penalties, damages, expenses in case the users mobile number is registered with Do not Call (DNC) database.
- You hereby indemnify, defend, and hold IBHA Technologies Private Limited, IBHA Technologies Private Limited’s distributors, agents, representatives and other authorized users, and each of the foregoing entities” respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of our product.
- In the event of breach of the terms and conditions of this Terms of Use by the User, the User shall be promptly liable to indemnify IBHA Technologies private Limited for all the costs, losses and damages caused to IBHA Technologies private Limited as a result of such a breach.
- the event of breach of the terms and conditions of this Terms of Use by the User, the User shall be promptly liable to indemnify IBHA Technologies private Limited for all the costs, losses and damages caused to IBHA Technologies private Limited as a result of such a breach.
- In the event of your breach of this Terms of Use, you agree that IBHA Technologies private Limited will be irreparably harmed and will not have an adequate remedy in money or damages. IBHA Technologies Private Limited therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. IBHA Technologies Private Limited’s right to obtain such relief shall not limit its right to obtain other remedies.
- At all times, you must use M-SWADHYAYA either with the registered mobile number that you give at the time of purchase or use it with the mobile from which you activate the M-SWADHYAYA service since on activation from a mobile, that mobile’s IMEI number will be registered for tracking the use of the application.