We at SuperKalam.in i.e. Snapstack Technologies Private Limited, (“the Company/SuperKalam/we/us”) are here to help our users in their journey of preparing for competitive examinations. We provide the users with certain Services (defined below) through this website, or through other affiliated services or websites and mobile applications (together, “Platforms”).
If you do not agree with these Terms, you may not access the Platforms or Services.
The following terms shall bear the meanings defined below, unless the context requires otherwise:
Eligibility: This Website is only available to: (A) Persons who are above the age of 18 years of age, or where they are below such age their parent/ legal guardian has approved their use of the Platforms and Services by agreeing to these Terms, (B) Persons who are competent or those who are not prevented from entering into this binding agreement for any other reason under the law, (C) Persons whose registration or use of the Platforms or Services is in compliance with any and all applicable laws, and (D) Persons who have not been previously suspended from accessing the Platform and Services.
By agreeing to these Terms, the person is representing their legal capacity and competency to enter into this agreement with us, and that the information that you provide to us during registration or taking any action on the Platform is correct and accurate. It is also understood that we do not have an obligation to ensure that the user conforms to these requirements or that the representations are true.
For Persons below the age of 18 years who are accessing the Platforms or Services without registration and those that register with us, we assume that due consent from the parent/ legal guardian has been obtained before providing us with any information whether belonging to themselves or the parent/ legal guardian.
We shall not be liable for any loss or damage, or any consequence that may arise on account of misuse or improper use of our Platforms or Services by any Person, including a minor.
We have the right to deny your access to any of the Services or the Platforms for breach of any of the representations, for any misuse or improper use of the Platforms or the Services, or for any incorrect or inaccurate information provided by you.
You also understand that certain portions of the Services or certain parts of the Platforms may only be accessed upon registration, such as entering discussion groups or attending some sessions. You also understand that it is your sole responsibility to ensure that all activities undertaken under your registered account are as per these Terms and the applicable law. Accordingly, it is your responsibility to maintain confidentiality of your registered account and password, and you may be liable to us for any loss or damage incurred due to improper or unauthorised use of your registered account. If you suspect unauthorised access to and activities on your registered account, please contact us at firstname.lastname@example.org or on WhatsApp support 9319720941.
Compliance with Company Policies
When accessing our Platforms or Services, you may be subjected to additional terms and conditions, standards, guidelines and policies applicable to specific Services or portions of the Services (“Additional Terms”) that may be posted from time to time. You understand and acknowledge that all those Additional Terms are hereby incorporated within these Terms by reference. Wherever there is conflict between these Terms and Additional Terms shall prevail owing to the specificity of their applicability, unless the contradiction is on account of restrictions in which the more restrictive terms will prevail.
As already stated, certain features of the Platforms or certain Services or portions thereof may only be available to Users (i.e. Persons registered with us). These include but are not limited to subscriptions to the different batches, discussion forums and groups, features such as personal mentorship and guidance, unlimited access to question papers, and other functionalities of the Platforms.
We agree to comply with the prices displayed for subscriptions, purchase, or payment in respect of different batches, functionalities, or Services displayed on our Platforms, at the time of payment by the User. We may not request the User to pay a higher price than the one listed, published, or displayed on the Platforms.
You also acknowledge that on account of the integration between us and the 3P Site, any disruption in service from the 3P Site to you or to us will have an impact on the access to the Platforms and the Services. Moreover, you also acknowledge that we rely on information you have provided in your account on the 3P Site for your registered account with us. The integration between us and the 3P Site is dependent on your relationship with the 3P Site which is guided by the 3P Site’s terms and conditions and privacy practices. As such, you shall not hold us liable for for any disruption, interruption, or inaccessibility in the Services which is on account of disruption, interruption, or termination of your relationship with the 3P Site or when the 3P Site disrupts, interrupts, or terminates our access to your account information on the 3P Site, and we shall also not be liable for any illegality, inaccuracy or invalidity of any information you have shared with us through this integration.
You may not have more than one active account on our Platform. We will have the right to suspend or terminate any other account you have, or where the information provided by you is found to be inaccurate, not current, not updated, incomplete, fraudulent, or for any other violation of these Terms.
Conduct of Persons and Users:
You agree that you bear full responsibility to access the Platforms and Services in accordance with laws, regulations, and applicable terms of services and policies whether ours or of third-parties that are applicable. These compliances include that you agree to not:
violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or any part of the Services contained in the Platforms;
use the Platforms and Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us;
dilute, tarnish or otherwise harm the SuperKalam brand in any way, including through unauthorised use of SuperKalam Content, registering and/or using SuperKalam or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to SuperKalam domains, trademarks, taglines, promotional campaigns or SuperKalam Content;
copy, store or otherwise access or use any information contained on the Platforms or as part of the Services for purposes not expressly permitted by these Terms, which may include bundling, compiling SuperKalam content for publishing, sharing, or using in any manner;
infringe the rights of SuperKalam or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology that is harmful to any computer resource including SuperKalam’s, or engage in any form of abusive, disruptive or circumventing behaviour in relation to the Platforms and Services;
use our Platforms or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Platforms or Services in connection with the distribution of unsolicited commercial emails, advertisements, surrogate advertisements, promotions and other messages unrelated to the Services;
stalk or harass any other User of our Platforms or Services, or collect or store any personally identifiable information about any other User other than for purposes that are directly and closely related to the Services opted for or relevant to the other User;
register for more than one registered account, or register on someone else’s behalf unless you are a parent or a legal guardian;
recruit or otherwise solicit any User, tutor, or employee of SuperKalam to join third-party services or websites that are competitive to SuperKalam, without SuperKalam’s prior written approval;
impersonate any Person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any Person or entity;
use automated scripts to collect information from or otherwise interact with the Platforms or Services;
use the Platforms or Services to find a User and then complete enrolment or provide any Services independent of the Platforms and associated channels of SuperKalam on third-party websites;
post, upload, publish, submit or transmit any Content that: (i) belongs to another person and to which the Person or User does not have any right; (ii) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence; (v) is harmful to child; (vi) 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, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify; and (vii) 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 cognisable offence, or prevents investigation of any offence, or is insulting other nation; or (viii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability.
use, display, mirror or frame the Platforms or Services or any individual element thereof including our name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on the Platforms or as part of Services, without our express written consent;
access, tamper with, or use non-public areas of the Platforms or of a Service, our computer systems, or the technical delivery systems of our vendors, advisors and business partners;
attempt to probe, scan, or test the vulnerability of any of our computer system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our vendors, advisors and business partners or any other third party (including another User) to protect the Platforms and Services;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platforms or Services to send altered, deceptive or false source-identifying information; and
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide access to, support, run, or maintain the Platforms and Services.
We have the right to investigate and prosecute violations of these Section or the Terms to the fullest extent of the law, in addition to taking actions such as removing access to or disabling any Content, or deactivating and suspending your registered account.
You acknowledge that we have no obligation to monitor your access to or use of the Platform or Services, but we have the right to do so on our own discretion or upon receiving any intimation, communication, knowledge or request to prevent any fraud, abuse, or any violation of these Terms or the law.
You may report any misconduct by any Person or User for any behaviour or action that is inappropriate, disturbing, or abusive, or in violation of these Terms to: (i) appropriate authorities, or (ii) to us by sending us a written communication at email@example.com or on WhatsApp support 9319720941.
You may also report and notify any User Content which is infringing intellectual property, proprietary, moral or privacy rights of a person, is obscene in nature, or violative of these Terms or the applicable law by writing to us at firstname.lastname@example.org or on WhatsApp support 9319720941 to take down the User Content.
You understand and acknowledge that we may not take any actions in pursuance of the complaint or communication beyond what is required by law, and we shall also not be liable to you in any manner whatsoever, unless required by law or by an order of a competent authority.
Payments, Taxes, Cancellations, and Refunds:
You can only enrol in a paid course upon paying the full amount posted on the Platforms for that course, except when you opt for the “payment in parts” option on the Platform. Unless specified expressly, applicable taxes are not included within the course price posted on the website. You understand and acknowledge that such applicable taxes may be collected from you when you make any payment on the Platforms, including payment for courses.
Subject to your specific authorization and applicable laws, you agree that we may charge any recurring Service, to the credit card or debit card or account that you provide/link at the time of your purchase of the subscription to a Service, or when you purchase a course that requires payment in more than one tranche.
All transactions for payment will be conducted in the currency(ies) specified on the Platforms.
Upon making the full payment for a course, the price for the course shall remain fixed for the duration of the course for Users who have been enrolled in the course successfully. In case of Services with recurring payment, or payments to be made in more than one tranche, prices may change before the next payment date, and payments after that date shall be made at the changed price.
We reserve the right to offer custom plans and pricing (including discounts and / or special offers) in addition to what is offered on the Platforms, which include offering custom billing and payment terms, that are different from these Terms. Please read and understand the other terms and conditions that apply in such cases, wherever these Terms are silent or inapplicable.
The User understands that we have invested considerable time, effort and resources into providing the course, which includes preparing the course materials, building question banks and practice tests, training our teacher and staff, and providing other Services that may be tailored to a specific User. Refunds shall only be made as per the Refunds Policy, and only for cases to which the Refund Policy applies.
It is also clarified that we reserve the right to take appropriate action, including restricting or disabling the features that allow downloading or sharing of any course material or SuperKalam Content irrespective of payment in full, to protect any of our intellectual property and proprietary material from unauthorised access or use.
If you have not completed payments for a course or a Service, we may restrict / suspend your access to the Platform until your account becomes current and paid in full. We further reserve the right to pursue the payment owed to us using collection methods which may include charging other payment methods on file with us and/or retaining collection agencies or legal counsel.
If you choose to cancel your subscription or access to a course, SuperKalam Content, or any Service, please note that the cancellation will become effective at the end of the then-current billing period; in other words, we will not renew your subscription, but the existing subscription will continue until the end of its billing period and there shall be no refund of the fee already paid for the same, unless otherwise specified by us within these terms or additional terms of a particular course or Service. Please read these Terms, and such other additional terms and conditions carefully before paying for any subscription.
Intellectual Property and Licences:
The Platforms and the Services provided on the Platforms are operated by us. Moreover, we may post, upload, or publish certain Content on other third party platforms including social media platforms. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, SuperKalam Content, educational videos and exercises, question banks and practice tests, and all similar elements of the Services (“Service Materials”) are protected by the relevant laws, in force within India and without, related to copyright, patent, and trademark, and other applicable laws governing intellectual property and proprietary rights.
You acknowledge and agree that the Service Materials including all associated intellectual property rights, are the exclusive property of SuperKalam and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Service Materials, and all such Service Materials and the rights attached with them shall belong to us or our licensor (as the case may be) in India and abroad.
Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platforms and Services are the property of their respective owners. You also understand and acknowledge that additional terms and conditions may be applicable to a Service Material and material of third parties, wherever expressly provided. Please read and understand the other terms and conditions that apply in such cases, wherever these Terms are silent or inapplicable.
You understand that some Service Materials may be accessible by you, and in those respects we grant Users a non-exclusive, non-transferable right to access and use the only those Service Materials solely for personal, non-commercial purposes. Unless expressly indicated within the additional terms and conditions specific to such Service Materials, or agreed by us expressly in writing addressed to a specific User, Users may not distribute, sell, lease, modify, or otherwise provide access to those Service Materials to any third party.
Use of AI Chatbot: In particular relation to the AI chatbot feature provided within our Services, you understand and acknowledge that any output produced on the basis of the input in prompts, documents, and otherwise shall belong to the User only when such input does not comprise of any Service Material or its derivatives. In cases where the intellectual property and proprietary rights, and other associated rights in an input solely belongs to a User, a User understands and acknowledge that the rights in an output may not solely belong with and to the benefit of the Users, and for this SuperKalam has no responsibility to perfect or assist in perfecting those rights for the User.
Crediting SuperKalam: If you distribute, publicly perform or display, transmit, publish, or otherwise make available any Service Materials, any portion thereof, and even derivative works thereof, you must give due credit to us and mention our website address (www.superkalam.in), unless this requirement is expressly waived by us.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platforms or within/ as part of our Services by the User,the User hereby grants to us a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Platforms and the Services. We do not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
The User acknowledges and agrees that any action they take in respect of a User Content, or allow to be taken by a User, SuperKalam, or any other Person as per these Terms will not infringe any rights, including intellectual property, proprietary, moral, or privacy rights of any Person, and shall also not violate any applicable law or regulation.
Third Party Services: The Platforms and Services utilise, or may promote and advertise third-party links, content, and references to their platforms and content, which may include payment gateways, payment cards and offers offered by different banks (“3P Services”). Access, use of, and interaction with such 3P Services is solely at the risk of the User and as per the terms and conditions of the 3P Services.
Term and Termination:
These Terms shall remain in full force and effect, as applicable, in respect of a Person while that Person uses the Platforms and Services. For Users, these Terms shall have full effect until their account is terminated as provided in these Terms.
We may, at our sole discretion, for any or no reason, and without penalty: (a) restrict, suspend or terminate any account, or certain portions or functionalities of such account, (b) restrict access to a Service or portion thereof for an account, and (c) remove any User Content associated with an account at any time and without prior notice. We may also discontinue a Service or portion(s) of a Service available to Users, with or without notice. You agree that we will not be liable to you or to any third-party for any such restriction, suspension, and termination.
Your only remedy with respect to any dissatisfaction with the Services, these Terms, any policies that guide the working of the Platforms and Services, and any action of restriction, suspension and termination shall be termination of these Terms (prospectively only) by deletion of your account and discontinuing to use and access the Platform and Services.
Termination of the Terms as to any User account will not limit our rights and remedies regarding any breach of these Terms occurring prior to such termination.
The Platforms, and the Services which include the Service Materials are made available on “as is”, “as available”, and “with all faults” basis. To the fullest extent permissible under applicable law, we disclaim any and all warranties and conditions of any kind, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from any SuperKalam Party or through the Platforms will create any warranty not expressly stated herein.
We and SuperKalam Parties do not warrant that the Platforms and Services will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected.
We and SuperKalam Parties make no representation or warranty that our Platforms and Services (a) will meet your requirements or expectations, or be to your liking, or (b) will be timely, secure, accurate, free from errors or loss, or uninterrupted, or (c) are free from viruses or other harmful components, or (d) that any defects or errors therein will be corrected. Some portions of a Service may involve implementation of new or experimental and may not have been tested in any manner.
You further understand that when accessing the Platforms and Services you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You also understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We do not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.
Limitation of Liability:
Under no circumstances, including, but not limited to, negligence, will we or any of the SuperKalam Parties be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or profits, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) even if we or a SuperKalam Party has been advised of the possibility of such damages arising out of or relating (i) to the Terms; (ii) your use of (or inability to use) the Platforms and Services, or (iii) any other interactions with us or any third-party through or in connection with our Services, including other Users. We understand that the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages in some cases, or Persons may belong to a jurisdiction where such exclusion is not allowed. In such cases, our liability will be limited to the fullest extent permitted by applicable law of whichever jurisdiction the Person belongs to.
In no event will our or SuperKalam Parties’ total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of the Platforms and Services or your interaction with other Users (whether in contract, tort (including negligence), warranty, or otherwise), exceed the amount paid by you to us, if any, for accessing the particular Service in respect of which we or the SuperKalam Parties are liable, or where such amount cannot be ascertained exceed the amount paid by the User in the 12 (twelve) months before such liability arises website during the twelve months immediately preceding the date of the claim, or exceed INR 10,000 (Indian Rupees Ten Thousand), whichever is greater.
You agree, to the extent permissible under applicable law, to indemnify, defend, and hold harmless us, and SuperKalam Parties from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any User who uses through you such as a child or any Person accessing the Platforms and Services through your account; (iv) your failure to comply with applicable laws (including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and other Users.
We reserve the right, at your expense, to assume the defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. In such a case where we have assumed the defense, you agree not to settle any such matter without the prior written consent from us. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
To the fullest extent permitted under applicable law, you release us and SuperKalam Parties from any cost, damage, liability or other consequence of: (a) any of the actions / inactions of any third-party vendors or service providers, (b) disputes that arise between you and other Users for claim of any nature including for loss of profit or breach of privacy.
The obligations contained within this clause will survive the termination of the Terms, and even continue to apply if you cease to use the Platforms and Services.
Entire Agreement: Except as they may be supplemented by additional terms and conditions for a specific Service, policies, guidelines, or standards, these Terms constitute the entire and exclusive understanding and agreement between SuperKalam and you regarding the use of and access to the Platforms and Services, including enrolments to courses offered by us. These Terms supersede and replace any and all prior oral or written understandings or agreements between SuperKalam and you regarding the subject matter contained within this clause.
In the event that we have to send to you a notice about a matter, such as additional terms applicable to your account, a claim against your account, or a legal notice to you, notice will be deemed to have been provided to you by communicating it to your registered email address or phone number.
No Waiver: The failure of SuperKalam to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if it is given in writing by SuperKalam by one of its directors.
Force Majeure: We shall not be liable for failure to perform, or the delay in performance of, any of our obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Governing Law and Dispute Resolution:
The Terms will be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.
Any dispute, claim or controversy arising out of or relating to these Terms including the determination of the scope or applicability of these Terms shall be determined or settled by arbitration in India, before a sole arbitrator mutually appointed by the Users and SuperKalam. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Severability: If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment: The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without prior written consent from us, but may be assigned by us without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
Modification: Upon registering an account with us, you accept the Terms which are applicable to Users in the form posted on our website. Further, any use of the Website is also deemed to be an acceptance of the Terms to the extent applicable on the Person. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes that are made after you open your account. Your continued use of the Platforms and Services after the posting of changes constitutes your binding acceptance of such changes.