Terms of Use and Service (‘TOUS’)

By clicking "I accept" or "I agree" or using the Services, you are entering into this Terms of Use and Service (“TOUS”), which is a binding contract with Pearson India Education Services Private Limited. for the benefit of itself and its affiliates (collectively, “we,” “us,” or "Pearson").

This TOUS sets forth the general terms and conditions of your use of this website and all related Services. An End User License Agreement (“EULA”) and Pearson’s Privacy Policy (“PPP”) shall also apply to your use of specific Services, and any such EULA and PPP are in addition to (not in lieu of) this TOUS. By accessing or using the Services you agree to the terms of the TOUS, and represent that you: (1) have read and understood the terms; (2) agree to use the Services in compliance with the TOUS, all applicable local, state, national, and international laws and regulations, and the academic rules or policies of your Institution; and (3) are an Authorized User. (4) You have read and understood and agree with the terms and conditions of EULA and PPP. You may not use the Services if you do not agree with the TOUS or if you are not an Authorized User. If you have any questions about this TOUS, please contact us at legalteamindia@pearson.com

The section headings and italicized summaries contained below are for your convenience only, and do not have any legal meaning or effect.

Data privacy, collection, & use

Please review our PPP and EULA to understand our data collection and use practices. We will collect, process, and use your personal information in accordance with our EULA and PPP. 

We may occasionally need to change the Terms of this TOUS

We may occasionally need to update the rules in this TOUS. But if we make any meaningful or material changes, we’ll let you know. You, from time to time has to visit the Terms and conditions of TOUS, EULA and PPP to acknowledge any changes made in the clauses, if any.  By continuing to use the Services, you agree to follow the updated rules.

Pearson may make changes to this TOUS from time to time for any reason. Typically, these changes are made to conform to current practices, comply with changing regulatory requirements, or other similar purposes. If Pearson modifies this TOUS in a manner that materially changes the terms or scope of the Services made available to you (“Service Change”), we will make reasonable efforts to notify you by either contacting you via email or posting reasonable notice in connection with the Services to alert you to such changes. Your continued use of the Services after reasonable notice of such changes to the TOUS has been provided will constitute your consent to the revised TOUS terms, which shall apply to any use of the Services following reasonable notice.  If you deem any Service Change to have a material impact on you, you may terminate your Subscription and your use of the Services. If you have any questions about this TOUS, please contact us at  legalteamindia@pearson.com

What we mean by the “Services”

“Services” hereby has the same meaning defined under the EULA. By “Services,” we mean Pearson’s websites, Applications/Products, digital products, and everything that powers them. While Pearson owns them, we want you to use and enjoy the Services according to these rules.

This website and its related applications, products, services, technology, content, and other intellectual property (collectively the "Services") is owned or licensed by Pearson or its Licensors. The Services may be provided directly by Pearson or accessed through an integrated third-party service provider ("Third-Party Service"). The Services may link to or provide options to access third-party websites or applications.

Who is authorized to use the Services?

To use certain Services, you’ll need to create a Pearson account. But don’t use the Services if you are a minor.

The Services are available only to individuals who have gained lawful access to the Services ("Authorized User"). In order to access certain Services, you must register for a user account ("User Account") by providing your first name, last name, valid email address, and designating a secret and unique username and password ("Account Credentials"). Pearson may use your Account Credentials to validate your account prior to providing access to the Services each time you access the Services.

You may have only one active User Account at any given time. You agree to provide accurate and truthful information when creating a User Account and to promptly update such information should it change.

You may not self-register for or otherwise access the Services if you , unless you have attain the age of majority pursuant to the laws in your jurisdiction or unless your parent or legal guardian has established an account or registered on your behalf. If you are under the age majority pursuant to the laws in your jurisdiction (typically under the age of 18), you may not register or use the Services without first obtaining permission from your parent or guardian. Where a parent or legal guardian registers or establishes a User Account on your behalf as a minor they will be contracting with Pearson on your behalf until you reach the applicable age of majority in your country of residence, at which point the contract will transfer to you.

Pearson reserves the right, in its sole and absolute discretion, to suspend or terminate your User Account and your right to use or otherwise access any Service is automatically terminated if you violate these TOUS, the applicable EULA, and the PPP.  Furthermore, Pearson also reserves the right to discontinue, temporarily or permanently, the Services, or any part of the Services at any time.

Please keep your account credentials secret & safe

You agree to: (1) keep your Account Credentials secret; (2) not let others log into your User Account; and (3) let us know if someone else gets hold of your Account Credentials.

Your User Account is for your personal use only. Unless we provide an approved mechanism for such use, allowing others to access or use the Services through your User Account is strictly prohibited and you are responsible for all uses of the Services associated with your User Account, whether the use is made by you personally or by a third party.

In order to protect the security of your Account Credentials and the Services, it is important that you maintain the confidentiality of your Account Credentials. You agree not to: (1) use Account Credentials other than your own; or (2) to disclose your Account Credentials to any third party or service, other than an authorized Third-Party Service. You agree to take reasonable steps to protect the secrecy of your Account Credentials and immediately notify Pearson at legalteamindia@pearson.com  of any known or suspected loss, disclosure, or theft of your Account Credentials and/or access codes you obtain in connection with the Services.

Pearson owns the Services

While we own the Services and all related intellectual property, we want you to use and enjoy them as explained in this TOUS.

All websites, course materials, and other content provided through the Services (collectively, "Materials"), and any supporting software, applications, and systems (collectively "Applications") are the exclusive property of Pearson and/or its licensors, and are protected by intellectual property laws. All rights not expressly granted herein are reserved. Except as may be set forth in this TOUS, any relevant EULA, or the PPP, the reproduction, redistribution, modification, publication, or adaptation of Materials or Applications, in whole or in part, without the express written consent of Pearson and/or its licensors is strictly prohibited. The Services may allow you to copy or download certain Materials, but please remember that the availability of this functionality does not mean that the above restrictions do not apply.

Unless otherwise indicated, trademarks, service marks, and trade names (collectively "Marks") that appear on the Services are the property of Pearson or its licensors. Any trademarks not owned by Pearson that appear in the Services are the property of their respective owners. You agree not to misuse or disparage any Marks associated with the Services or use the Marks (or any confusingly similar marks) in such a way that would misrepresent the ownership of the Marks or otherwise confuse the public as to the source or origin of any products or services. You should not use any Mark without obtaining the written consent of the Mark owner, using appropriate notice and attribution of the owner's trademark rights, and using the Marks in accordance with applicable usage guidelines as provided by a Mark’s respective owner. Any such permitted use of the Marks by you shall be to the benefit of the respective Mark owner. Any Services, Materials or Applications herein is exclusive Intellectual property of Pearson and shall not be used for any commercial or unethical purposes, which leads to infringement of copyright.

User suggestions will be owned by Pearson

If you suggest ways we can improve the Services, Pearson will own all intellectual property rights in your submissions, and may use your ideas without compensation.

Pearson always welcomes suggestions and comments regarding the Services. Suggested improvements, additions, or other comments may be submitted by you to Pearson, whether through the Services, online, offline, verbally, or in writing ("User Suggestions"). Regardless of the manner of submission, you hereby acknowledge that all right, title, and interest and any other intellectual property rights in the User Suggestions shall become the exclusive property of Pearson and may be used for its business purposes at Pearson’s sole and absolute discretion without any payment or accounting to you. This policy is intended to avoid the possibility of future misunderstandings when products and services developed by Pearson might seem to others to be similar to their own submissions or comments.

How we’ll use any Content you upload 

You agree that we may use any content you upload to the Services (in accordance with our PPP, of course), and that you have authority to grant us that right.

The Services may provide functionalities for Authorized Users to create, upload, or post questions, responses, comments, ideas, articles, information, data, text, multimedia content, chat conversations or logs, messages, and other materials or submissions ("User Content"). By creating, posting, uploading, or linking to User Content, you grant to Pearson a perpetual, royalty-free, worldwide right and license to use, host, license, store, reproduce, display, transmit, adapt, and distribute such User Content and any derivative works created from such User Content (such as those resulting from changes we make so that your User Content works better with the Services) in connection with the Services. Further, you acknowledge and agree that your User Content shall be available to other users on the same terms as granted by you to Pearson under this TOUS. Pearson shall not be responsible or liable for the deletion, destruction, damage, loss, or failure to store any User Content. By posting User Content that is owned by third parties, you represent that you have been granted the right to grant to Pearson the right to make such User Content available to users to the same extent as the Materials provided with the Services. You agree to provide proper copyright notices in connection with any User Content in which you or a third party assert a right of copyright. Additional terms and options may be presented through the user interface available on the Services for posting or uploading User Content, which shall supplement and have the same force and effect as the terms of this TOUS.

You are prohibited from uploading this type of content

Don’t upload pornographic, hateful, confidential, harmful, or other inappropriate content, and don’t use the Services to harass people, send spam, etc.

You will, at all times, comply with all applicable local, state, federal, and foreign laws in using the Services. You agree that you will not (directly or through others) contribute, create, upload, post, link to, or otherwise cause the distribution of any content  (“Prohibited User Content”) or use the Services in any manner that:

• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or in violation of the rules or policies of the Institution;
• infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or which you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• jeopardizes the security, availability, or integrity of the Services or causes harm to any user and his or her property through the use of malicious code or other contaminating or destructive devices;
• transmits advertising material and/or any unsolicited or unauthorized promotional materials, junk mail, SPAM, chain letters, or any other form solicitation in violation of any applicable rules, regulations, or laws or otherwise interferes with the proper working of the Services or Service Network; or
• otherwise violates the terms of this TOUS.

Access to third-party websites & content is at your own risk

 If the Services link or redirect you to non-Pearson websites or services, you agree to use them at your own risk.

You may have linked to the Services from a third-party website and/or the Services may provide links to other third-party websites or resources (collectively, “3P Sites”). Pearson assumes no responsibility for third-party content ("Third-Party Content"), services, or applications that may be accessed by way of links on the Services to sites hosted by third parties that are outside of Pearson's control ("Third-Party Sites"). Pearson does not endorse or guarantee the accuracy, integrity, or quality of Third-Party Sites or Third-Party Content and disclaims all liability for any errors, omissions, violation of third-party rights, or illegal conduct arising from such content or sites. The inclusion of a link to any Third-Party Site in the Services does not imply that the owners of such Third-Party Sites have sponsored or endorsed the Services. Pearson is not responsible for the availability of Third-Party Sites accessed through links to the Services, and any such Third-Party Sites are not covered by this TOUS or any other Pearson terms of policies. Should you discover that a link to a Third-Party Site is no longer functional please contact us at Pearson Support. Any links which directs users to inappropriate content or Prohibited User Content should be reported to us at legalteamindia@pearson.com.

How to report other prohibited content

Please notify us of any content you find in the Services that is infringing, offensive, or is otherwise prohibited under this TOUS. We don’t want it here either.

Pearson also encourages you to report to legalteamindia@pearson.com any Prohibited User Content. To ensure Pearson can quickly respond to the issue, your email should include: the originating Pearson page URL; the linked page URL; a description of the content in question and the basis upon which you believe the content is prohibited or otherwise inappropriate; and the contact information through which Pearson may best reach you if you are willing to further assist Pearson in its investigation.

Availability of the Services

You understand that the Services: (1) need Internet access to work; (2) may occasionally be offline for maintenance or emergencies; and (3) have features and functionality that may change over time.
You are responsible for obtaining Internet access in order to use the Services. While Pearson makes reasonable efforts to ensure the availability of the Services to Authorized Users, the Services may be unavailable for limited periods of time due to scheduled routine maintenance, emergency maintenance or factors beyond Pearson's control, such as disruptions of Internet services or unforeseen threats to the integrity or security of the Services.

Pearson may at any time, with or without notice to you, restrict the use and accessibility of the Services and/or discontinue any portion, feature, or content of the Services. Pearson will make reasonable efforts to provide Authorized Users notice of significant changes to the Services whenever reasonably feasible. Information and updates about changes to the Services and its availability are posted regularly at legalteamindia@pearson.com

The Services come with no warranties

The Services’ availability and performance occasionally may be less than perfect, and you nonetheless agree to use them “as-is” and at your own risk.

 You expressly acknowledge and agree that: (1) your use of the Services is at your own risk; (2) the Services are provided on an "as is" and "as available" basis; (3) you have not relied on any statement, information, or advice from Pearson's representatives or resellers that would be deemed to be a warranty of these services or form the basis for any liability of Pearson; and (4) to the fullest extent permitted under applicable law, Pearson and its licensors and contractors expressly disclaim all warranties and conditions of any kind, including those created by course of performance, course of dealing, usage of trade, and whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Neither Pearson nor its licensors make any representation or warranty that: (1) the Services or your use thereof will be uninterrupted or error-free; (2) the results that may be obtained from the use of the Services will be accurate or reliable; or (3) the Services will meet your requirements.

Any material uploaded/downloaded or otherwise obtained from the Service is done at your own discretion and risk; neither Pearson nor its licensors shall be liable, and you will be solely responsible, for any and all loss, or corruption, of data uploaded or inputted by you through the use of the Service, and all servicing, repair, or correction and any damage to your hardware and software that may result from the use of the Service.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Pearson’s liability to you is limited

If something goes wrong with the Services, Pearson’s liability to you is limited, as is your ability to bring claims.

Nothing in this TOUS is intended to exclude or limit any condition, warranty, right, or liability that may not be lawfully excluded or limited under applicable law. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and in such instances our liability will be limited to the maximum extent permitted.

In no event shall Pearson or its employees, officers, agents, contractors, or licensors be liable for any indirect, compensatory, incidental, indirect, special, punitive, or consequential damages of any kind - including, without limitation any claims or damages based on your use of or inability to use the services, any third-party websites, or applications accessed through the Services, damage to property, third-party claims, loss of profits, goodwill, data, or other intangible losses, losses caused by your reliance on any content or information provided through the services, and/or any other losses of any kind arising from your use of the services. Pearson's maximum aggregate in connection with the services will in no event exceed the total fees paid by you for the specific services from which the loss arises. The limitations set forth in this section shall apply whether such liability is asserted on the basis of contract, tort, or otherwise, even if Pearson has been advised of the possibility of any such loss or damage, and/or if any of the limited remedies in this TOUS fail their essential purpose.

No action, regardless of form, arising under this TOUS may be brought by you more than one year after the facts supporting the cause of action have become known, or reasonably should have become known, to you.

You are responsible for any damage you cause to Pearson

You agree not to use the Services in violation of these rules, or for any unlawful purpose. But if you DO, you agree to compensate Pearson for any damage you cause.

As a condition of your use of the Services, you warrant and represent to Pearson that: (1) you are an Authorized User; (2) you  will, at all times, comply with all applicable local, state, national or international laws or regulations, and/or the academic rules or policies of your Institution in using the Services; and (3) you will not use the Services for any purpose that is unlawful or prohibited by these TOUS, any applicable EULA, or the PPP. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Pearson and its employees, officers, agents, contractors, and licensors from any claims, damages, expenses, or liabilities arising from or in any way related to any violation of this TOUS or unauthorized use of the Services

ARBITRATION:

All disputes, differences, claims and questions whatsoever, which may arise either during the subsistence of this Agreement or afterwards between the Parties hereto and/or their respective representatives or any clause or anything contained herein or otherwise in any way relating to or arising from these presents or the interpretation of any provision contained herein shall be in the first place settled by mutual discussions between the Parties. However, if the Parties fail to settle the dispute, the same shall be referred to and settled by arbitration in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof (‘Act”’) for the time being in force. The arbitration will be conducted by a sole arbitrator who shall be mutually appointed by the Parties. In case of disagreement over the appointment of the sole arbitrator, the sole arbitrator shall be appointed in accordance with the provisions of the Act. The seat of arbitration shall be held at New Delhi and be conducted in English language. Any award made in such arbitration shall be binding on the Parties. The Parties shall bear the costs of arbitration equally.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by the laws of India. Nothing contained in this clause will preclude either Party from applying for and obtaining any injunctive, prohibitory or other similar urgent or interim relief from a competent court of law, for which the courts at New Delhi, shall have exclusive jurisdiction.

MISCELLANEOUS TERM

This TOUS is personal to you, and you may not assign, transfer or delegate your User Account or your rights or obligations under this TOUS, any applicable EULA , or the PPP (collectively, the “Terms”) to anyone. Pearson may assign or delegate its rights or obligations under the Terms, in whole or in part, subject to Pearson's right and obligations under the Terms and any agreement it may have with your Institution. In the event that any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of the Terms shall remain valid and enforceable according to its terms. The Terms comprise the entire agreement between Pearson and you with respect to the Services and cannot be modified by you absent a signed written agreement. Section headings and summaries in the Terms are for your convenience only and do not have any legal meaning or effect. If Pearson waives or fails to enforce any term or condition of the Terms on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce such terms will not prevent Pearson from enforcing any terms or condition of the Terms at any other time. It is the express wish of the parties that the Terms and all related documents be drawn up in English.