THESE TERMS AND CONDITIONS OF USE (hereinafter the “Terms”) constitute a legally binding agreement between the person accessing or using the Service (hereinafter “You” or the “User”) and Unknown IITians, the proprietor and operator of Quiz Space (hereinafter “the Company”, “We”, “Us” or “Our”). They are published in compliance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time. The User is advised to read them with care before accessing the Service, and any access to or use of the Service shall be deemed conclusive evidence that the User has done so and has accepted them in their entirety.
1. Definitions and Interpretation
1.1In these Terms, unless the context otherwise requires, “Applicable Law” means every statute, regulation, rule, order, notification and binding direction of any competent court, tribunal or authority in force in the Republic of India from time to time; “Content” means all text, questions, answer keys, solutions, explanations, images, diagrams, audio, video, software, data and other material made available through the Service; “Contribution” means any explanation, board drawing, recording or other material furnished by an educator for publication through the Service; “Paid Service” means any part of the Service made available against payment; “Service” means Quiz Space, an online platform for the practice of previous year question papers of the official examination-conducting body, together with its website, practice and mock test facilities and every related service; and “User Content” means any discussion post, reply, report or other material submitted to the Service by a User.
1.2Headings are inserted for convenience only and shall not affect construction. Words in the singular include the plural and conversely. The word “including” shall be read without limitation. A reference to a statute or to a provision of a statute is a reference to it as amended, re-enacted or replaced from time to time, and includes every instrument made under it.
2. Acceptance and Contractual Effect
2.1By accessing the Service, by creating an Account, or by otherwise making use of any part of the Service, the User irrevocably acknowledges that the User has read, understood and agreed to be bound by these Terms, by the Privacy Policy and by the Refund and Cancellation Policy, each of which is incorporated herein by reference and forms an integral part of this agreement. A User who does not agree to any part of them shall forthwith cease all use of the Service.
2.2This agreement is an electronic record within the meaning of the Information Technology Act, 2000, is generated by a computer system, and does not require any physical, electronic or digital signature in order to be valid, binding and enforceable against the User.
3. Nature of the Service
3.1The Service is an independent educational resource. It is not affiliated with, authorised, sponsored or endorsed by, and does not act on behalf of, the examining body whose papers are presented upon the Service, or any other institution, examining body or public authority, and nothing contained in the Service shall be construed as an official statement, representation or communication of any of them.
4. Eligibility, Capacity and Minors
4.1The Service is made available only to persons who have attained the age of eighteen years and who are competent to contract within the meaning of the Indian Contract Act, 1872. A person who has not attained the age of eighteen years may access the Service solely with the prior consent and under the supervision of a parent or lawful guardian, who shall be deemed by such access to have accepted these Terms on that person’s behalf and who shall be answerable for that person’s use of the Service.
4.2The Company reserves the right, at any time and without assigning any reason, to require satisfactory proof of age, identity or parental consent, and to withhold or withdraw access pending its production.
5. Account Registration and Security
5.1Access to certain facilities of the Service, including timed mock tests, answer checking in practice mode and the retention of attempts, is conditional upon the creation of an account (hereinafter the “Account”) by means of the sign-in procedure provided. The User warrants that all information furnished in connection with the Account is true, accurate, current and complete, and undertakes to keep it so.
5.2The Account is personal to the User and is not transferable. The User is solely responsible for maintaining the confidentiality and security of the Account and for every act and omission occurring under it, whether or not authorised by the User, and shall notify the Company without delay at [email protected] upon becoming aware of any unauthorised access or use. The Company shall not be liable for any loss arising from the User’s failure to comply with this clause.
6. Grant of Licence
6.1Subject to the User’s continuing compliance with these Terms, the Company grants to the User a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service, for the User’s own non-commercial study and for no other purpose. Every right not expressly granted by these Terms is reserved by the Company and its licensors.
7. Restrictions on Use and Protection of Content
7.1The User shall not, and shall not cause, permit or assist any other person to: (a) copy, transcribe, photograph, capture by screenshot or recording, scrape, crawl, harvest, download, extract or otherwise reproduce, in any medium and by any means, whether manual or automated, any question, option, answer key, solution, explanation or other Content, or any part of it, whether singly or in aggregate; (b) republish, redistribute, sell, sublicense, lease or otherwise commercially exploit the Service or any Content; (c) employ the Service, or any answer or explanation derived from it, to obtain an unfair advantage in any examination, assessment or evaluation that is in progress, or otherwise to commit any act of academic misconduct; (d) attempt to gain unauthorised access to the Service, its systems or any Account, or to circumvent any access control, usage limit or security measure; (e) interfere with or disrupt the integrity, performance or availability of the Service, or introduce any malicious code into it; (f) decompile, disassemble or reverse engineer any part of the Service, except to the extent that this restriction is prohibited by Applicable Law; (g) remove, obscure or alter any proprietary notice, mark or identifier, or defeat any mechanism by which Content or its source is identified; (h) share an Account, or the Content accessed through it, with any other person, or maintain more than one Account in order to evade any limit; (i) submit or transmit any material that is unlawful, false, misleading, defamatory, obscene, invasive of another’s privacy, hateful, harassing, or infringing of any right; (j) impersonate any person or entity, or misrepresent any affiliation; or (k) use the Service in contravention of Applicable Law.
7.2Without limiting the generality of clause 7.1, the User shall not: (a) use the Content, in whole or in part, to train, fine-tune, test, evaluate or improve any machine-learning, artificial-intelligence or similar system, or to compile any dataset, question bank, database, application, publication, course, mock test or competing service; (b) post, publish, transmit or circulate any question, answer or solution obtained from the Service upon any website, messaging group, social platform, document, video or other medium, whether gratuitously or for consideration; or (c) permit any automated process, program or device, however described, to access the Service or to retrieve Content from it.
7.3The User acknowledges and consents that the Content delivered to the User may bear visible or invisible marks, identifiers and other technical means which associate it with the User’s Account, and that the Company records access to the Content for the purposes of security and the detection of misuse. Such marks and records may be relied upon by the Company, and tendered in evidence before any court, tribunal or authority, to establish the source of any unauthorised copy. The removal, alteration, concealment or circumvention of any such mark or technical means is an independent breach of these Terms and may constitute an offence under sections 65A and 65B of the Copyright Act, 1957.
7.4Every contravention of this section 7 constitutes a material breach of these Terms which is incapable of remedy. The Company shall be entitled, without notice to the User and without prejudice to any other right or remedy: (a) to terminate the Account and to bar the User and any person acting in concert with the User from the Service permanently; (b) to preserve, and to disclose to any court, tribunal, law-enforcement agency or authority, every record in its possession which relates to the contravention, including the identity of the User and the history of access; and (c) to institute civil and criminal proceedings and to seek interim and permanent injunctive relief, the delivery up or destruction of every infringing copy, an account of profits, damages, including exemplary damages, and costs on a full-indemnity basis. The User acknowledges that damages alone would be an inadequate remedy for such a contravention and that the Company shall be entitled to equitable relief without proof of actual loss.
7.5The User further acknowledges that the unauthorised reproduction, extraction, transmission or circulation of Content may render the User liable to prosecution and to punishment under the Copyright Act, 1957, including section 63 thereof, and to compensation and punishment under the Information Technology Act, 2000, including sections 43 and 66 thereof, in addition to the civil liability described in clause 7.4. The Company will enforce its rights, and those of its licensors, to the fullest extent permitted by Applicable Law.
8. Paid Services
8.1Where any part of the Service is made available against payment, the price, period and scope of the Paid Service are those stated at the time of purchase, and every payment shall be governed by the Refund and Cancellation Policy. Prices are stated in Indian Rupees and, unless expressly stated otherwise, are inclusive of applicable taxes. The Company may revise its prices and offerings prospectively, and no such revision shall affect a period for which payment has already been made.
9. Intellectual Property and Origin of Questions
9.1The questions comprised in the previous year question papers presented upon the Service (hereinafter the “Examination Material”) were set by, and originate exclusively from examinations conducted by, the the official examination-conducting body concerned (hereinafter the “Examining Body”). The Company does not claim to be the author of the Examination Material as originally set, and every right which subsists in it vests in the Examining Body or its licensors. The Examination Material is reproduced upon the Service solely for purposes of education and reference, and its presentation implies no endorsement by, or affiliation with, the Examining Body.
9.2Every other element of the Service, including without limitation the solutions, answer keys, explanations, video and board material, the classification and tagging of questions, the selection, coordination, arrangement and presentation of the Examination Material, the software, the design, and the database in which the whole is held (hereinafter the “Proprietary Content”), is the original work of the Company or its licensors, is the product of substantial skill, labour and investment, and is protected as a literary work and as a compilation under the Copyright Act, 1957 and by every other law relating to intellectual property. The Company asserts, and shall enforce, all such rights in the Proprietary Content and in the compilation as a whole.
9.3A User who requires the Examination Material in its original form shall obtain it from the Examining Body. The Company confers no licence, express or implied, in respect of the Examination Material, being without authority to do so, and nothing in these Terms operates to assign or transfer to the User any right, title or interest in or to the Service, the Proprietary Content or any intellectual property therein, other than the limited licence granted by section 6.
10. User Content
10.1The User retains ownership of such User Content as the User submits. By submitting User Content the User grants to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and sublicensable licence to host, store, reproduce, adapt, display, distribute and otherwise use that User Content in connection with the operation, promotion and improvement of the Service. The User represents and warrants that the User owns or has obtained every right necessary to grant that licence, that the User Content does not infringe the right of any person, and that it complies with these Terms and with Applicable Law.
10.2The Company is under no obligation to monitor User Content in advance of its publication, but reserves the right, in its sole discretion and without liability, to review, restrict, edit or remove any User Content, and to suspend the Account of the person who submitted it, where it considers that these Terms have been breached or where it is required to do so by Applicable Law or by the order of a competent court or authority.
11. Contributions by Educators
11.1An educator who furnishes a Contribution represents and warrants that it is the educator’s original work, or is otherwise lawfully theirs to contribute, that it infringes no right of any person, and that it is accurate and fit for the instruction of learners to the best of the educator’s knowledge and belief.
11.2The educator grants to the Company a worldwide, non-exclusive and royalty-free licence to publish, display, distribute and promote the Contribution, through the Service and through the Company’s other channels, with attribution to the educator by name. The educator may request the withdrawal of a Contribution, which the Company shall effect within a reasonable time, save that the Company shall not be responsible for any copy already distributed through a channel beyond its control.
12. Accuracy of Content; Absence of Advice
12.1Although reasonable care is taken in the preparation of answer keys, solutions and explanations, the Content may contain errors or omissions and may not reflect the most recent syllabus, pattern or rules of any examination. The Content is furnished for the purposes of practice and general education only. It does not constitute official guidance, and it is not, and shall not be relied upon as, professional, academic or legal advice.
12.2The Company gives no assurance, and makes no representation, that use of the Service will result in any particular mark, grade, rank, admission or other outcome.
13. Third-Party Services and Links
13.1The Service is rendered with the assistance of third-party providers and may contain content or hyperlinks supplied by third parties. The Company exercises no control over, and accepts no responsibility for, the content, availability, terms or practices of any such third party, and the User’s dealings with it shall be governed solely by its own terms and policies.
14. Intermediary Status and Grievance Redressal
14.1To the extent that the Company acts as an intermediary within the meaning of the Information Technology Act, 2000, it shall observe the due diligence required of an intermediary under that Act and under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and these Terms constitute the rules and regulations and the user agreement contemplated by those Rules. Upon obtaining actual knowledge of any unlawful content, whether by the order of a competent court or authority or by a complaint made in accordance with this section, the Company shall act expeditiously to remove or disable access to it.
14.2Any complaint concerning content on the Service, or concerning any breach of these Terms, shall be made in writing to the Grievance Officer identified in section 24. The Company shall acknowledge the complaint within twenty-four hours of its receipt and shall endeavour to dispose of it within fifteen days thereafter.
15. Infringement Complaints
15.1A person who believes that any Content infringes a right owned or controlled by that person may give written notice to [email protected], stating: (a) a description of the work and of the right claimed; (b) the precise location of the allegedly infringing Content; (c) the complainant’s name, address and contact details; (d) a statement that the complainant holds, or is authorised to act on behalf of the holder of, the right claimed; and (e) a statement that the information in the notice is accurate. The Company shall consider every notice that complies with this clause and, where it considers it appropriate, shall remove or disable access to the Content concerned. A person who makes a false or malicious notice may be held liable for it.
16. Suspension and Termination
16.1The Company may at any time, with or without notice, suspend, restrict or terminate the User’s access to the whole or any part of the Service where the User has breached these Terms, where fraud or misuse is reasonably suspected, where the Company is required to do so by Applicable Law, or where the Service is discontinued. The User may cease to use the Service at any time and may request the deletion of the Account in the manner described in the Privacy Policy.
16.2Upon termination the licence granted by section 6 shall cease immediately. Sections 7, 9, 10, 12, 17 to 20, 23 and 25, and every other provision which by its nature is intended to survive, shall continue in force notwithstanding termination.
17. Disclaimer of Warranties
17.1TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERROR, OR THAT ANY DEFECT WILL BE CORRECTED.
18. Limitation of Liability
18.1TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS PARTNERS, EDUCATORS, OFFICERS, EMPLOYEES OR LICENSORS SHALL BE LIABLE TO THE USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, OR FOR ANY LOSS OF DATA, PROFIT, OPPORTUNITY, GOODWILL OR EXAMINATION RESULT, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS.
18.2Without prejudice to the foregoing, the aggregate liability of the Company to the User for all claims arising out of or in connection with the Service shall in no circumstances exceed the greater of the amount paid by the User to the Company for the Service in the twelve months immediately preceding the event giving rise to the claim and the sum of Rupees One Thousand. Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited.
19. Indemnification
19.1The User shall indemnify, defend and hold harmless the Company and its partners, educators, officers and employees from and against every claim, demand, loss, liability, damage, cost and expense, including reasonable legal fees, arising out of or in connection with the User’s breach of these Terms, the User Content, the User’s contravention of Applicable Law or of any right of a third party, or the User’s misuse of the Service.
20. Force Majeure
20.1The Company shall not be liable for any failure or delay in the performance of any obligation under these Terms where it results from any cause beyond its reasonable control, including act of God, epidemic, war, civil disturbance, governmental action, failure of power, telecommunications or internet infrastructure, or failure of a third-party provider.
21. Amendment
21.1The Company may modify, suspend or discontinue the whole or any part of the Service, and may revise these Terms, at any time. The date stated at the head of this page records the date of the latest revision, and any material revision shall be brought to the User’s notice upon the Service. The User’s continued use of the Service after a revision takes effect shall constitute acceptance of the Terms as revised, and a User who does not accept them shall cease to use the Service.
22. Notices and Electronic Communications
22.1The User consents to receive all communications from the Company in electronic form, whether by notice upon the Service or by electronic mail to the address associated with the Account, and agrees that every such communication satisfies any requirement of Applicable Law that it be in writing. Notices to the Company shall be addressed as provided in section 24.
23. Governing Law and Dispute Resolution
23.1These Terms, and every dispute or claim arising out of or in connection with them or with the Service, including any question regarding their existence, validity or termination, shall be governed by and construed in accordance with the laws of the Republic of India, without regard to any principle of conflict of laws.
23.2The parties shall endeavour in good faith to resolve any dispute amicably by written notice and consultation for a period of thirty days from the date on which notice of the dispute is given. Failing resolution within that period, the dispute shall be submitted to the exclusive jurisdiction of the competent courts in India.
24. Grievance Officer and Contact
24.1In accordance with the Information Technology Act, 2000 and the rules made under it, every complaint, legal notice, infringement notice and question concerning these Terms shall be addressed to the Grievance Officer of the Company at [email protected]. Each complaint shall be acknowledged within twenty-four hours and disposed of within fifteen days of its receipt. Every other communication may be addressed to [email protected].
25. General Provisions
25.1These Terms, together with the Privacy Policy and the Refund and Cancellation Policy, constitute the entire agreement between the User and the Company in relation to the Service and supersede all prior understandings, representations and arrangements on that subject. Should any provision of these Terms be held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.
25.2No failure or delay by the Company in exercising any right shall operate as a waiver of it, and no waiver shall be effective unless made in writing. The User may not assign or transfer any right or obligation under these Terms without the prior written consent of the Company, whereas the Company may assign its rights and obligations to any successor to the Service. These Terms confer no right upon any person who is not a party to them, and nothing in them creates any partnership, agency, employment or joint venture between the User and the Company. Where these Terms are made available in more than one language, the English text shall prevail.