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Helpline No: 011 - 40844778

Terms & Conditions

We at OKS Education Private Limited, a company incorporated under the laws of India, and the licensed user of “MarkSharks” (“we”, “us” or “our”) provide our users (“User”, “you”, “your”) with a wide variety of online educational products and services through our website and application that may be used on Android, iOS, Windows or any other platform compatible for multiple devices such as smart phones, tablets, laptops, or any other device (“Application”) and other online services provided by us (“Services”), subject to the following Terms of Use (“Terms”), which may be updated, amended, modified, from time to time without any prior notice. Your use of Services shall constitute an acceptance of these Terms (including the policies referred in these Terms such as Privacy Policy), which shall be enforceable as a binding contract between the User and us. As some of our Services may require you to download software(s) on to your computer, phone, tablet, or other device, you agree that we may automatically update such software, and that these Terms shall apply to such updates as well. Such software may include the Application and its corresponding upgrades from time to time.

Please read these Terms carefully and do feel free to Contact Us if there are any questions or if you require any help. We reserve the right to edit the present Terms at any time with or without prior notification to the User. Each time you access our Services, you shall be deemed to have accepted the latest Terms and Conditions.

    Money Back Guarantee Offer

          This Money Back Guarantee (“Scheme”) is offered by OKS Education Private Limited (“MarkSharks”, “we”, “us” or “our”) to its paid subscribers                      (“Subscriber”, “you”, “your”) in accordance with the terms and conditions herein below.

 

        TERMS AND CONDITIONS OF THE SCHEME:

 

  • The Scheme is only valid on subscriptions purchased between April 1, 2018 and Feb 28, 2019 (both days inclusive) by paying the full subscription amount. In case of any part payments, you shall not qualify under the Scheme. However, MarkSharks, in its sole discretion, reserves its right offer the Scheme to any subscription purchased before April 1, 2018.

 

  • You can avail this Scheme only if you are enrolled in a school following the Central Board of Secondary Education curriculum. In case your school follows any other curriculum, please do not subscribe. In case you still do, any subscription fee paid to MarkSharks shall be non-refundable and you shall be excluded from participating in this Scheme.

 

  • In order to be successfully enrolled in the Scheme, you will have to send a copy of your official marksheet from the previous academic year. Unless a copy of the marksheet is received, you shall not be eligible to avail any benefit under the Scheme. The marksheet can be sent via the MarkSharks mobile/tablet application (“App”) or by e-mailing it to marksheet@marksharks.com. In case of any name mismatch or submission of false/fake mark-sheets, MarkSharks shall have the right to revoke your benefits under the Scheme as well as cancel your subscription without any refund whatsoever. MarkSharks also reserves its right to verify your marksheets before processing any refund claims. For such verification, you shall, upon MarkSharks’ request, provide an authorisation letter to your school to release a certified copy of your marksheet.

 

  • Upon activating the subscription, you undertake to complete a minimum coursework before appearing for your exams. Such coursework shall include the following:

 

  • Minimum active usage of 2 hours (i.e. 120 minutes) per week, with at least 30 minutes spent on each subject (Maths and Science). This minimum usage must occur every week from the date of purchase of the subscription till the date of the final exam for Maths and Science.  

  • The Scheme entitles you to a full refund of the annual subscription fee only if you obtain a lower cumulative score in Math and Science as compared to the ones mentioned in the marksheet submitted at the stage of enrolment in the Scheme.

  • Illustration: Priyanka uses the app for 140 minutes each week, spending 50 minutes on Science and 90 minutes on Maths. Last year, her marks in Science were 65/100 and Maths were 60/100. This year her marks in Science are 60/100 and Maths are 60/100. She is thus eligible for the money back guarantee. Sonia got lower marks in both Maths and Science than last year, and used the app for 150 minutes each week but uses Science for all 150 minutes. Thus, she is not eligible for the money back scheme because she hasn’t used Maths for at least 30 minutes per week. Rohan used the app for 140 minutes each week, with 70 minutes on Maths and 70 minutes on science. His score in Maths last year was 60/100 and Science was 50/100. This year, his score in Maths was 70/100 and Science was 45/100. Since his combined score is higher than last year’s (115 > 110), he is not eligible for the money back guarantee.

  • Notwithstanding anything stated herein, MarkSharks shall account for the time spent on both Maths and Science based on usage data, which is visible to you through the “User Analytics” section in the App.

  • If you are eligible for a refund under this Scheme, you must email both your current years mark sheets and previous year’s mark sheets of both Maths and Science to marksheet@marksharks.com within 15 days from the date of receipt of your examination results. You must also include your email, mobile phone number, and name. In case you request the refund after the 15th day herein, MarkSharks shall have the sole discretion to determine whether to process and approve your refund or not.

 

  • Subject to MarkSharks’ approval, you may also be entitled to forfeit the refund amount in exchange of a full year’s subscription for yourself for the subsequent academic year.

 

  • You agree that only 1 refund shall be permissible against 1 subscription. Even if the subscription is used by multiple subscribers, the refund shall be available only to the subscriber whose marksheet is submitted in accordance with this Scheme.

 

  • In the event MarkSharks approves your refund in accordance with the terms of this Scheme, your payment shall be processed by way of cheque or a direct refund into your account/debit or credit card which was used to pay for the subscription. The mode of refund shall be decided at the sole discretion of MarkSharks. You agree and confirm that any refund due to you shall be subject to deduction of all payment gateway charges and applicable taxes.

  • The money back guarantee is applicable only to the cost associated with the MarkSharks software application. Any hardware purchases like tablets are not included in the money back guarantee and the purchase is not refundable through the company.

 

  • Any information received by MarkSharks in relation with this offer shall be privileged and confidential and remain the exclusive property of MarkSharks. Notwithstanding anything contained herein, you specifically allow MarkSharks to use aggregated data, statistics and analytics for marketing and operational purposes without publically disclosing your name and result. MarkSharks may, however, seek your specific consent should it want to make your name and grades public in order to market the App and its content. 

 

  • MarkSharks say shall have the final authority in case of any difference in interpretation of the terms of this Scheme. You unconditionally agree that in case two possible interpretations of this Scheme are possible, the one more favourable to MarkSharks shall be the correct and valid one.

 

  • These terms are applicable in consonance with and are supplementary to the Terms of Use and Privacy Policy (hyperlink the Terms of Use and Privacy Policy) of MarkSharks. Regardless of whether you are entitled to a refund pursuant to this Scheme or not, you undertake and agree to unconditionally comply with the Terms of Use and Privacy Policy at all times.

 

  • All disputes arising from this Scheme shall be subject to the jurisdiction of Delhi courts only.

 MarkSharks Scholarship Offer 

 MarkSharks Scholarship (“Scheme”) is offered by OKS Education Private Limited (“MarkSharks”, “we”, “us” or “our”) to its paid subscribers           (“Subscriber”, “you”, “your”) in accordance with the terms and conditions herein below.

        Terms & Conditions :

  • All individuals are requested to go through the detailed terms and conditions before participating.

  • All individuals are eligible to participate in this MarkSharks Scholarship subject to the terms and conditions set out herein, which will be presumed to have been accepted by him/her.

  • This Scholarship offer is being conducted by OKS Education Pvt Ltd 

  • Purchase of MarkSharks subscriptions is a condition precedent to participate in this Scholarship Offer.

  • Only Indian Nationals holding the valid PAN cards issued under the provisions of the Income-Tax Act, 1961 shall be eligible to participate in the Celebration Offer. NRIs are not eligible to participate in this Offer.

  • One can get an opportunity to participate in this Scholarship offer by writing to MarkSharks on the mail id: scholarships@marksharks.com

  • Participants mailing their details during the Scholarship offer period, as per the term mentioned in the clause above will get an opportunity to participate in this Scholarship offer.

  • The Prizes will be given to the subscription holders whose details are provided. Upon verification, if the same is found inaccurate then the person shall not be eligible for the prize, even if he/ she have won it.

  • For claiming the prizes, the winners have to submit either of the following documents as the address proof, which is mandatory;

  • Driver license or ii) Passport or iii) Voter identity Card. Iv) Aadhar Card

  • b. The winner shall also be required to furnish a photo copy of his/her PAN CARD.

  • The winners shall also be required to furnish the proof of payment for the MarkSharks Subscription.

  • Subscribers who have opted for DND (Do Not Disturb) facility with their respective service providers may not receive the intended Call

  • Details of the Scholarship Offer Prizes are as follows;

  • Scholarships - Worth Rs. 50,000/- - 10

  • Scholarships - Worth Rs. 10,000/- - 40

  • From the registered entries of the Scholarship Offer, MarkSharks will randomly select total of 50 entries, who will get a chance to win Scholarships worth Rs 50,000/- (Rupees fifty thousand only) & Rs 10,000/- (Rupees ten thousand only). The selection of winners will be done by random sampling by computer. MarkSharks does not have any discretion, choice or hand in such process.

  • The Scholarship amount shall be paid by Account payee cheque. MarkSharks shall not be liable for any loss or damage of the cheque once it has been handed over to the winner. It will be the responsibility of the winners to have the active bank account or post office savings account for realizing the cheque, which will be issued in the name of the person whose details are provided in the mail.

  • Being eligible to participate does not guarantee winning a scholarship through the Scholarship Offer.

  • Scholarships cannot be exchanged for cash or gifts or other purposes.

  • Persons registering in this Scholarship Offer authorize MarkSharks to send voice messages and SMS alerts/messages to their mobile/landline numbers.

  • The name of the persons winning the Scholarship Offer will be published on www.marksharks.com 

  • MarkSharks would not be liable or held responsible for any lack or lapse in any communication on account of failure or delay by any of the Internet, Telecom, SMS and E-mails service provider. No correspondence in this regard will be entertained.

  • Employees of the Company, its affiliates, and their family members are not eligible to participate in the Scholarship Offer.

  • Disputes, if any, will be subject to jurisdiction of the courts at Delhi only.

  • Holding of the Scholarship Offer is subject to force majeure conditions.

  • The Company reserves its right to change, discontinue, extend Scholarship Offer, or modify the terms and conditions thereof without giving any prior notice.

  • The decision of the Company with regard to the Scholarship Offer is final and binding.

  • The information received by MarkSharks in the mail for the offer is privileged and confidential. The same shall remain the exclusive property of MarkSharks.

  • MarkSharks reserves the right to feature any number of the winners as a part of its media campaign for the scholarship offer. The number and selection is the sole discrimination of MarkSharks and shall be final and binding.

  • All winners would be sent a form requiring particulars to be filled up. Incorrect or incomplete details shall not be entertained

    Who may use our Services and how?

You may use our Services only in compliance with these Terms and all applicable laws.

You shall download the Application from the relevant online store such as “Play Store” for Android devices, etc. and install the Application on your device. After downloading the Application, you will register with us with a unique account and password (“User Account”) and sign-in to avail our Services. We may need to access User specific data including personal data such as identity, contacts, media, User device ID, call information, etc. for which you, hereby expressly and unambiguously grant your absolute consent. Information provided during the registration process will help us in offering content, customer service and network management. All such information shall be subject to our Privacy Policy.

Upon creating a User Account, you shall be deemed to have accepted these Terms and entered into a legally binding and enforceable contract with us in accordance with the Indian Contract Act, 1872. For creating the User Account, and for using certain features of the Application, you must  provide us with true, accurate and complete information such as your name, valid e-mail address and phone number; and agree to update such information from time to time, so as to keep it accurate and complete all throughout the duration of the Services.

By creating a User Account, you confirm that you are either at least 18 years of age or have created the User Account under the supervision and/or consent of your parent, guardian or family member. All Services offered and rendered by us are on the implied assumption that you are competent to contract under the Indian Contract Act, 1872 and other applicable laws governing your electronic acceptance to these Terms.

   

    Accessing Services

After registering your User Account, you may use the same to access our Services. These Services also include different course modules and tests singly or in different combinations (“Packages”) offered by us.

All prices for the Services (including Packages) are subject to change without notice. Every effort has been made to ensure that the accurate pricing of the Services is featured to you. If the listed price of a Service has changed, you will be notified of the revised price prior to the processing of your order. While we shall make every effort to ensure that our Services are described and priced accurately, in the event that a Service is deemed to be priced incorrectly, we reserve the right to refuse the sale of that Service.

In order to purchase the license to one or more of these Packages for a specified amount of time (“License Term”), you may use one of our third-party payment processors (“Payment Processors”) to purchase time bound subscription. Payment for such credits can be using any credit/debit card, internet banking, wallets operated and managed by Payment Processors or any other means as may be regularly updated by us. The available balance in your MarkSharks Wallet, if any, shall be converted into points redeemable only against one or more of the Packages (“Subscriptions”).

 

Refund Policy and Payment

Once any Package is downloaded, payment received towards it shall not be refunded by us under any circumstance, unless specified via an official / promotional communication. All such cases will be treated as special circumstances.  Notwithstanding anything contained herein, there shall be no cash refunds by us at any time.

When you make payment using our third-party Payment Processors, you hereby agree and acknowledge that the payment transaction will be governed by the privacy policy and terms and conditions of such Payment Processors, including but not limited to any additional information requested from you or any additional charges levied by such Payment Processors. You also hereby agree and understand that our Payment Processors reserve the right to decline your payment transaction due to history of questionable charges, payment exceeding the permissible monthly/daily transaction limits, or blacklisting of any geographical location, customer card or IP address at their discretion. Any failure in completing the payment transaction using such Payment Processors due to non-compliance with any of their terms or declination of the transaction at the Payment Processor’s discretion shall not be our responsibility.

Our Payment Processors constantly monitor your account in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Application and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such User Account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

You agree, understand and confirm that any payment details provided by you for availing Services will be correct and accurate. You further agree and undertake to provide the correct and valid payment details when making payment through our Payment Processors. We do not store any information related to your Credit / Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs with respect to you. The liability for use of a card fraudulently will be on you.

   

    Proprietary Rights and License

You acknowledge that our website, Services, Application, any underlying technology used in connection with the Application and Services, including but not limited to all softwares, information, course, data, lessons, Users’ notes, modules, test papers, answers submitted by Users (including those submitted in tests and as part of Q&A sessions with instructors and/or tutors), score sheets, results, posts on the discussion forums, analytics, third party data, communications, text, graphics, links, electronic art, animations, audios, videos, photos, and other data (including your score sheet, lesson, test results, and such material) (collectively called the “Content”) available or accessible on the Application and/or website is provided by us or third party providers who are the owners thereof and are the respective copyrighted works of such third parties and/or us. Except as expressly authorized by us or such third parties in these Terms or any updates thereof, you may not copy, reproduce, publish, distribute, modify, create derivative works of, display, compile or collect in a database, or in any manner commercially exploit any part of the Content, in whole or in part.

You shall not download, save or print the Content for any commercial purpose whatsoever. Any Content downloaded or printed shall only be for personal or educational use. You hereby agree that you shall not make any unauthorized modifications or edits to any Content, except for such modification, as may be expressly provided by us or the third party providers. You further acknowledge that we and/or the third party providers are the owners of the Content and the intellectual property rights in such Content and that you do not acquire any intellectual property rights in such Content by downloading and saving it. In case of any unauthorized use of the Content by you or any other person who received the Content from you, you hereby warrant and agree to indemnify us at all times, even if you are no longer availing the Services. Notwithstanding anything contained herein, we reserve the right to seek damages and other remedies permissible under applicable law for any unauthorized use of the Content.

   

    Conditions of Use

  • You shall not allow, directly or indirectly, any third parties to (i) make and distribute copies of the Content and the Application, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Content or the Application; or (iii) create derivative works of the Application of any kind whatsoever.

  • The Application is made available to you for personal and non-commercial use only; and we reserve the absolute right to amend or withdraw the Application, or impose a sum of money as fee for accessing the Application or using the Services, at any time and for any reason.

  • You acknowledge that your terms of agreement with your respective mobile network provider (“Mobile Service Provider”) shall apply while accessing the Services. As a result of using the Application, you may be charged by the Mobile Service Provider for accessing the mobile network connection (“MSP Charges”). You agree to pay such MSP Charges, as applicable, when you access the Services, actively or inactively, or upgrade the Application, either manually or automatically.

  • We may integrate the Application and render Services with third party owned social media applications, including but not limited to Facebook, Twitter, Instagram, etc., as well as their corresponding updates (“Social Media”). Due to this integration, you may opt to sign-in the Application using your Social Media account and access Services rendered by us. Such integration and acceptance of the integration by you may result in some of your performance, such as score sheets, test results, individualized performances, etc. being shared on Social Media if your profile on such Social Media permits so or if you specifically agree to share such performance data through us. We shall not publish any data on Social Media without your express consent. Any data shared on Social Media shall be governed by the terms of use of the respective Social Media and we assume no responsibility once any data is published on Social Media.

  • We are the owner of all User activity like log, lessons, download history, score sheet, tests, reports, assessments, answers and any notes created by the User in relation to the Course and other material (“User Activity Data”); and have the absolute discretion to determine whether to share User Activity Data with the you at your request or with any third party. You hereby agree that we shall have copyright and other proprietary and intellectual property rights in all User Activity Data.

  • We may, at our sole discretion, use the User Activity Data, or any other data shared by you, to send updates, messages, advertisements, notifications, etc. which may be via e-mail, messages in the Application, push-message notifications, SMS, etc. You unambiguously consent to receiving such updates and messages by consenting to use the Services.

   

    Availability of Application

We will use reasonable efforts to make the Application available at all times. However, you acknowledge that the Services may not be available due to reasons outside our control such as, without limitation, while upgrading the Application, limited Internet or connectivity due to the services rendered by Mobile Service Provider, etc. In such an event, you shall not hold us liable, including but not limited for any direct or indirect loss.

   

    Limitation of Liability

  • In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any nature whatsoever, arising out of access to the Application, availing Services, using the Content, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

  • We are not liable to you for any damage or alteration to the User device including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application and the Services.

  • We are not affiliated with CBSE/ICSE/International Baccalaureate or any other state educational board (“Affiliating Bodies”) for certification of courses and study materials provided as part of Services. Resources available on our Website/Application/Services are in addition to the syllabus and teaching schedule approved by Affiliating Bodies and the Ministry of Human Resource Development. While we have taken all reasonable steps to ensure that the entire Content on our Application is accurate, we do not make any representations or warranties with respect to the Content and you agree to access the Services at your own risk and free will.

  • You acknowledge that we are not a government recognized school, distant education institution or certifying board, and that qualifying all school examinations conducted by the school or Affiliating Bodies shall be your sole responsibility. You further agree that we shall have no liability whatsoever for your performance, scores, results in the examinations and assessments conducted by Affiliating Bodies.

  • While we try our best to ensure that the Content and/or any other information provided as part of our Services is reliable and comprehensive, there may be some unintentional errors, including but not limited to software bugs, mistakes, inaccuracies, etc. that may be present despite our best efforts. Accordingly, you shall not hold us liable in any manner for such unintentional errors. Any test analysis, preparation suggestions, courses, tips, advice, etc. given by us are merely recommendations and following them is your absolute discretion.

   

    Indemnification

You agree to indemnify us and hold us harmless, including our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liabilities, legal costs, compensation and damages arising from your access to or use of the Services, violation of this Agreement, or the infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. We shall notify you promptly of any such claim, loss, liability, or demand.

  

    Termination

We may terminate or suspend access to the Application or the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, for any breach of the Terms. You may discontinue your access to the Application and the Services at any time.

  

    Governing Law and Dispute Resolution

The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by single arbitrator mutually appointed by both parties. In case the parties cannot mutually nominate an arbitrator, the arbitrator’s appointment shall be governed in accordance with the Arbitration & Conciliation Act, 1996. All arbitration costs shall be equally borne by both parties. The seat of arbitration shall be New Delhi and all proceedings shall be conducted in English.

  

    Data Protection

Any of your personal information supplied to us when entering into the contract and registering with the website or the Application shall be used by us in accordance with our Privacy Policy

  

    Severability & Waiver

In case of non-compliance of these Terms, we reserve the right to take necessary action including but not limiting to termination of the Terms, and appropriate legal actions. Our failure to enforce any right or provision under these Terms will not be considered as waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining clauses of these Terms will continue to be binding and remain in effect. These Terms constitute the entire agreement between you and us regarding use of the Application and the Services, and supersede and replace any prior agreements we might have with you.

  

   Disclaimer of Warranties

To the maximum extent permitted by law, we hereby disclaim all implied warranties with regard to the Application, the Content and the Services. The Application, its underlying software and the Content are provided “as is” and “as available” without representation and warranty of any kind.

  

   IT Security & Miscellaneous

  • The Application may be linked to third parties, affiliates, sponsors, Payment Processors and other business partners. We have no control over, and are not liable or responsible for the content, accuracy, validity, reliability, quality of such websites as redirected or made available by/through the Application. Inclusion of any link on the Application does not imply that we endorse the linked site. You may use the links and these services at your own discretion & risk.

  • We assume no responsibility, and shall not be liable for, any damages caused by viruses, trojans or other forms of malware, adware & other malicious programs that may infect your computer system or mobile handset. If you are dissatisfied with the Services, your sole remedy is to discontinue using the Services.

If you have any question, issue, complaint or feedback regarding any of our Services, please contact our customer service at enquiry@marksharks.com