Legal

Please read this agreement carefully before downloading the audio for any goDiscover books(s).

You are not required to accept these terms if you are under the age of 18 or are otherwise considered a minor in your jurisdiction, you must review these terms and conditions with your parent or guardian (collectively, “parent”) and make sure that your parent understands and agree on your behalf to these terms and conditions.

Wherever this agreement refers to “you” or “your,” it is meant to include both parent and children users, except where a child is not of sufficient legal age to enter into a binding contract (such as an e-commerce transaction) or provide any required consents (such as consent to data collection, processing, or transfers), in which case the parent of such child hereby acknowledges and agrees he/she is acting on the child’s behalf to effectuate such contracts or consents and is liable for the actions or inactions of such child with respect to the use of the goDiscover products.

This goDiscover agreement and documentation (this “agreement”) is a legally binding instrument between you and goDiscover. (“goDiscover”). It governs your use of (a) the goDiscover interactive products (which includes any bundled and related device drivers and are collectively referred to as the “godiscover products”) that you download and/or lawfully obtain from goDiscover or an authorized goDiscover reseller, and (b) any accompanying documentation (the “documentation”).

By clicking on the “I accept these terms” (or similar) button, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not use or download the goDiscover products and contact goDiscover about refund procedures. The license granted hereunder is conditioned upon the terms of this agreement, and goDiscover is not willing to enter into this agreement if you are not willing to accept such terms.

  1. Ownership. All content contained within the goDiscover products (visuals, text, sound, features, facilities) are owned by goDiscover and is protected by Indian copyright laws, trademark laws, patent laws and other intellectual property laws. The goDiscover product documentation is licensed, not sold. Except as specifically set forth herein, goDiscover and its licensors retain all right, title and interest, including all intellectual property rights.

  2. License terms. goDiscover grants to you, subject to the terms, conditions and limitations further defined in this agreement, a non-exclusive, non-sub licensable, non-transferable license to (i) install one (1) copy of the goDiscover audio of any or all (9) books titled as Smart Book under goDiscover, on the interactive pen provided with the Smart book set for non-commercial use. Commercial use license is granted if a genuine purchase is made through an educational body. Any modifications, upgrades, error corrections, or other updates to the goDiscover audio on goDiscover Smart Book, shall be deemed part of the goDiscover product and use thereof shall be governed by the terms and conditions of this agreement, unless the parties have entered into a separate, written agreement governing such modifications, upgrades, error corrections, or other updates.

  3. Collection of information and privacy terms. The goDiscover services, may be used in a manner that facilitates goDiscover’s collection, processing, use, and storage of certain information and data, including, but not limited to: (i) personal information (e.g., name, email address, etc.) or nonpersonal information (e.g., demographic or login information) collected from a parent or other adult and required in order to download, use, or register for the goDiscover product purchases or goDiscover services (“registration information”); (ii) technical data about your licensed products, your computer system, and certain hardware or software (such as the audio files on any and all Smart Books) connected to or stored on such devices or systems and, (iii) information about your use of and interaction with (including offline use of and interaction with) the goDiscover products, or goDiscover services. Registration information, technical information, and usage information may be collectively referred to herein as “account data.” Account data may be captured and stored locally on your computer, and, in some instances, may be sent back to goDiscover when you are connected to the internet so we can provide you with the goDiscover services. goDiscover’s online collection and use of your account data is subject to goDiscover’s most current online privacy policy “godiscover privacy policy”), which is expressly incorporated into this agreement by this reference. The goDiscover privacy policy describes, in more detail, the types of information goDiscover collects from users of goDiscover services and products, the way we handle such information, and the choices you may have with respect to goDiscover’s collection and use of certain information. You are strongly encouraged to read the goDiscover privacy policy prior to and periodically during your use of the goDiscover products and services. By using the goDiscover website, you hereby consent to the collection and processing of your account data by goDiscover and consent to the use of such information in accordance with the goDiscover privacy policy. You further agree to the transfer of this information, as necessary, across international borders, including, but not limited to, goDiscover’s headquarters in India. You further agree and give goDiscover the right, without liability to you, to disclose any account data to law enforcement authorities, government officials, and/or a third party, as goDiscover believes is reasonably necessary or appropriate to enforce and/or verify your compliance with any part of this agreement (including, but not limited to, goDiscover’s right to cooperate with any legal process in relation to your use of the goDiscover products and/or a third party claim that your use of the goDiscover products is unlawful and/or infringes such third party’s rights).

  4. Revisions and updates. You agree that goDiscover may (but is not required to) provide modifications, upgrades, error corrections, or other updates (including automatically-installed modifications, upgrades, error corrections, or updates) (collectively, “updates”) to the goDiscover products and thus may modify, with or without your knowledge, the audio for goDiscover products that you have already installed on your interactive pen. These updates may include changes or improvements to the technology or security system used by goDiscover (if any) to protect against the unauthorized copying of the goDiscover audio or any other goDiscover software and/or files. You agree and consent to the automatic installation or application of these updates and to only use the most updated version of the goDiscover audios provided to you by goDiscover.

  5. Restrictions on reverse engineering (copying) and security. You may make only one copy of the goDiscover product audio when you purchase a new book online or offline and documentation onto a computer for emergency backup or archival purposes only, provided that it copies all copyright and other notices contained in the original. For purposes of protecting trade secrets in the goDiscover agreement, you may not and may not authorize others to reverse engineer, decompile, disassemble, translate or attempt to learn the source code of the goDiscover audio products except as such activities are expressly permitted under applicable law. You must first issue a written request to goDiscover for information or assistance in this area and you shall refrain from decompiling, disassembly, or otherwise reverse engineering any of the software unless godiscover cannot, or fails, to comply with such request within a commercially reasonable period of time. You may not copy, modify, create derivative works of, distribute, sell, assign, pledge, sublicense, lease, loan, rent, timeshare, deliver or otherwise transfer the godiscover products; provided, however, that you may transfer your original copy of the goDiscover products to a purchaser of the goDiscover product that accompanied the goDiscover audio, provided further that the purchaser shall be bound by the terms of this agreement. You may not remove from the goDiscover audio, or alter or add, any copyright, trademarks, trade names, logos, notices or markings. As indicated above, goDiscover may implement a security system that contains measures designed to prevent unauthorized copying of the goDiscover audio products or any other goDiscover software and/or files. You agree not to violate, tamper with or circumvent any such security system or measures.

  6. Term and termination. This agreement and all licenses set forth herein are effective upon your acceptance of the terms contained herein and full payment of all amounts owed for the goDiscover products and shall continue in effect until terminated as set forth herein. You may terminate this agreement, excluding any un-fulfilled payment obligations, at any time by destroying all copies of the goDiscover product licensed to you. If you fail to comply with the provisions of this agreement, then goDiscover may immediately terminate this agreement and all licenses hereunder with or without notice to you. Upon termination of this agreement, you agree to destroy all copies, including the original, of the goDiscover products (in any form including any modified versions) and the documentation.

  7. Limited warranty. goDiscover warrants to you – subject to your compliance with the terms herein – that for a period of (365) days from the date of purchase or download of the goDiscover audio with goDiscover Smart Books, the goDiscover products and services are covered in warranty. If repair or replacement is evoked, a further period of (30) days is covered in warranty and either the original warranty from the date of purchase or renewal post the repair / replacement, whichever is later is granted to customer.

  8. The warranty covers the software and audio of each book not any other hardware or content or intellectual part of the product.

  9. The foregoing warranty shall not apply to any non-conformity that is caused by (i) the use or operation of the goDiscover products in an environment other than that intended or recommended by goDiscover, (ii) modifications to the goDiscover audio products not made by goDiscover or (iii) third party hardware or software, whether provided by goDiscover or any third party. goDiscover makes no warranties that the goDiscover products are error-free or is suitable for your purposes. goDiscover makes no warranties other than those set forth above, and hereby disclaims all other, warranties whether express, implied or statutory, with respect to the goDiscover audio products or documentation, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or no infringement. No oral or written information or advice given by goDiscover, its resellers, agents or employees shall create a warranty. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions and limitations may not apply to you. In such event, the scope and duration of any such warranty shall be the minimum required under applicable law.

  10. Limitation of liability. In no event shall goDiscover or its licensors be liable for any loss of profits, use of data, cost of replacement goods or hardware, or other indirect, incidental, special, or consequential damages arising out of your use or inability to use the goDiscover products or documentation, even if goDiscover has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any remedy. You agree that in no event will goDiscover’s aggregate liabilities hereunder or related to your use of the goDiscover product or documentation exceeds the amount paid for the goDiscover product. Some jurisdictions do not allow the exclusions and limitations of certain types of damages, so some of the foregoing may not apply.

  11. Allocation of risk. You acknowledge that: (i) the limited warranties, limited remedies and limitations on liability set forth in this agreement are a fundamental part of the basis of goDiscover’s bargain hereunder without which goDiscover would not enter into this agreement, and (ii) the fees paid for such items reflect the allocation of risk set forth in this agreement.

  12. Compliance with laws. You agree to use the goDiscover products and documentation in compliance with all applicable federal, international, state and local laws and regulations including, without limitation, all Indian laws governing the export or re-export of the goDiscover products or any documentation.

  13. Venue. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with goDiscover or relating in any way to your use of the software resides in the state or courts of India. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of these courts.

  14. Taxation. goDiscover product titled as Smart Book includes books, interactive pen with software, charger, data cable and headphones. The interactive pen with software, charger, data cable and headphones are provided free of cost in the MRP of the books. goDiscover product (Smart Book) is tax free.

Miscellaneous. This agreement is governed by the laws of India, without reference to its principles of conflicts of laws. If any provision of this agreement shall be unlawful, void, or unenforceable in your jurisdiction, then that provision shall be deemed severed from this agreement and shall not affect the validity or enforceability of the remaining provisions of this agreement. This agreement is the complete, final and exclusive statement of the agreement between the parties with respect to the subject matter hereof, and supersedes any proposal or prior or contemporaneous agreement or communications between us (whether oral or written) relating to the subject matter hereof. This agreement may only be modified in a writing signed by both parties. No failure or delay (in whole or in part) on the part of either party to exercise any right or remedy hereunder shall operate as a waiver thereof or affect any other right or remedy. Waiver of a breach shall not waive the right to enforce any subsequent breach under this agreement.

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