Unacademy Notes Terms and Conditions

Unacademy Notes (defined below) is one of the Services (as defined in the Terms and Conditions) offered to you by Unacademy. “Unacademy Notes” comprises of (i) physical study material in the form of physical / hard-copy books, booklets, notes, etc., that is either bundled with the services offered to Users or Subscriptions (as defined in the Terms and Conditions) purchased by them, or is offered to Users for a standalone purchase (“Physical Study Material”) and (ii) digital study material in the form of the books, notes, and other material in digital format that is either bundled with the services offered to Users or Subscriptions (as defined in the Terms and Conditions) purchased by them, or is offered to Users for a standalone purchase (“Digital Study Material”). These Unacademy Notes Terms and Conditions (“Notes Terms”) governs your use of and access to the Unacademy Notes purchased or subscribed to by you (as applicable) on the Unacademy Platform (as defined in the Terms and Conditions).

When we refer to “you” or “your” or “yourself” or “User”, we mean all users of the Platform who access and/or use the Unacademy Notes or any part thereof. Similarly, when we speak of “Unacademy”, “we”, “us”, and/or “our”, we collectively mean Sorting Hat Technologies Private Limited — a company incorporated in India and all of its affiliates which have licence to host the Platform and offer Services. Kindly refer to the ‘About Unacademy and the Platform’ section of the Terms and Conditions to know more about the entity.

These Notes Terms are an electronic record under the Information Technology Act, 2000 read with rules and regulations made thereunder and are generated by a computer system; and will not require any physical, electronic, or digital signature. These Notes Terms along with the Platform Terms (defined below) collectively form a legally binding agreement between you and Unacademy in respect of your use of the Unacademy Notes. The Terms and Conditions, Privacy Policy, Cookies Policy, User Guidelines and any other terms and conditions, rules, policies or guidelines included in these Notes Terms, Terms and Conditions or Privacy Policy by reference, and/or as updated on the Platform or otherwise communicated to you from time to time (including terms and conditions of other third party platforms that may be used or accessed for gaining access to the Platform or using the Services on the Platform) shall collectively be referred to as the “Platform Terms”.

All capitalized terms used and not defined in these Notes Terms shall have the meaning ascribed to them under the Platform Terms.

These Notes Terms are split into three parts: (i) Part – I: Terms applicable for use of Physical Study Material(s); (ii) Part — II: Terms applicable for use of Digital Study Material; and (iii) Part – III: General Terms and Conditions applicable for Unacademy Notes. Please read these Notes Terms carefully before purchasing or otherwise subscribing to Unacademy Notes or any part thereof on the Unacademy Platform. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Platform or any Services offered therein in any manner.

Unacademy retains an unconditional right to modify or amend these Notes Terms at any time. You can determine when these Notes Terms were last modified by referring to the “Last Updated Date” specified at the end of this document. It shall be your responsibility to check these Notes Terms periodically for changes. Your acceptance of the amended Notes Terms shall signify your consent to such changes and agreement to be legally bound by the same.

1. PART — I: Physical Study Material(s) Terms and Conditions:

   
   

   These Physical Study Material Terms and Conditions are applicable for your purchase of Physical Study Material(s) on the Platform. The Physical Study Material(s) are made available to you in two ways: (i) Physical Study Material(s) is bundled with certain Subscriptions offered for purchase to Users or with other services (“Bundled Physical Notes”), and (ii) Physical Study Material is made available for purchase on a standalone basis i.e., Users can purchase it independent of any Subscriptions on the Platform (“Unbundled Physical Notes”). The terms applicable for purchase of Bundled and Unbundled Physical Notes vary and are specified as such hereinbelow.

   
   

   1. General terms applicable to Physical Study Materials:

      
      

      1. End-Use: Your purchase of the Physical Study Material(s) entitles you to use the same for your personal use only. Having possession of the Physical Study Material pursuant to your purchase thereof, whether as part of bundled or unbundled service, does not entitle you, either by yourself or through any third-party, to sell, distribute, reproduce, copy, publish, transmit, broadcast, display, licence, or otherwise exploit the Physical Study Materials or any part thereof, in any manner whatsoever. In other words, the rights granted to you in respect of the Physical Study Materials purchased by you, whether as part of bundled or unbundled service, only allows you to use it for your personal use, and you cannot use it for any other purpose, including without limitation, distributing physical and/or digital copies of the same for non-commercial purposes. To understand the rights granted to you, please refer to the ‘Intellectual Property in Physical Study Material(s)’ section below.

         
         

         Further, the rights granted to you is limited to using the Physical Study Material on an ‘as-is’ basis, and it does not entitle you to modify, change or tamper with the contents of the Physical Study Materials, Unacademy’s branding on the Physical Study Materials or do any act or omission that infringes the rights (including but not limited to the intellectual property rights) of Unacademy or any other third party in relation to the Physical Study Materials.

         
         

         Unacademy shall have the right to take necessary legal action against you, if it comes to Unacademy’s notice that the Physical Study Material(s) or any part thereof that is subscribed or purchased by you, , is used in an unauthorized manner.

         
         

      2. Intellectual Property in Physical Study Material(s): Unacademy sells the Physical Study Materials to you on an “as is” basis and Unacademy neither owns any right (including any intellectual property rights therein), title or interest in the Physical Study Materials, nor does it create, change, or modify, the content of the Physical Study Materials. You acknowledge that Unacademy does not transfer to you the intellectual property rights in the content of the Physical Study Materials.

         
         

         Subject to completion of your purchase as stated in these Notes Terms, ownership and title of the Physical Study Materials purchased by you, either as part of bundled or unbundled service, shall pass to you from Unacademy upon the delivery of the Physical Study Materials to you. Notwithstanding the foregoing, the ownership granted to you is limited for your personal use of the Physical Study Material purchased by you, and such grant of rights does not entitle you to exploit or otherwise use the Physical Study Material, including without limitation, sharing excerpts of the same through WhatsApp and/or other communication and social media platforms for non-commercial purposes. Please refer to the ‘End Use’ section above to understand the nature and extent to which you are entitled to use the Physical Study Materials.

         
         

      3. Delivery and Shipping of Physical Study Materials: To facilitate delivery of the Physical Study Material purchased by you, you are required to provide us with your shipping address and pin code along with other contact information (including your phone number) as may be requested on the Platform at the time of your purchase. In the event your Order (as defined under Part - III of these Notes Terms) is not serviceable by us or our delivery partners, or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner’s delivery list.

         
         

         If you order multiple Physical Study Materials in one transaction, we will endeavour to ship all of them together. However, the same may not be possible due to some product characteristics and / or logistics’ issues. If you wish to ship the Physical Study Materials to multiple addresses, you must book the Orders separately with different shipping addresses. We shall not be liable for any loss or damage caused to you due to you providing incorrect shipping address or contact details.

         
         

         While we shall endeavour to deliver the Physical Study Materials to you in the earliest possible time frame through our delivery partners, we will not be liable for any loss or damage caused to you due to any delay caused by our delivery partners in the delivery of the Physical Study Materials to you.

         
         

         Further, please note that purchase of Physical Study Materials does not entitle you to receive digital copies or versions of such Physical Study Materials.

         
         

      4. Cancellations and Returns of Bundled Physical Notes: Once you have completed the payment for an Order placed by you, you will not be able to cancel the Order, either as a whole or in part (i.e., cancel the services offered as part of the bundle individually).

         
         

         But, if you receive a damaged or a defective unit of the Physical Study Material, then you may request for a replacement by writing to us at Unacademy Learner Support within 20 (twenty) days from the date your Order has been delivered to you. We shall evaluate the veracity of your claims and process a replacement of such a unit in accordance with the applicable laws. Subject to the applicable laws, our decision on whether your claim is genuine shall be final and you agree not to dispute the same in any manner whatsoever. Further, you agree that until the damaged/defective unit of the Physical Study Material is provided back to us in the condition it was delivered to you, we will not process your replacement. Notwithstanding the foregoing, we will not be liable for any loss or damage caused to you due to receipt of damaged or defective unit of Physical Study Material or due to any delay caused to you in receiving the replacement.

         
         

   2. Terms applicable to Bundled Physical Notes:

      
      

      1. Purchase of Bundled Physical Notes: Upon purchase of a Bundled Physical Notes, you may be entitled to receive copy(ies) of the relevant Physical Study Materials, depending upon the nature of the bundled service. The cost for receiving the copy of such Physical Study Materials shall be included as part of the Price you are required to pay for the Bundled Physical Notes, and you shall not be required to purchase the same separately or pay any additional cost. Notwithstanding the foregoing, Unacademy may, at its sole discretion, provide Physical Study Material(s) on a complimentary basis to any User, upon their purchase of a Subscription or other service on the Platform, and/or offer the same as a ‘prize’ or for availing other Services or upon winning any contest on the Unacademy Platform. It is hereby clarified that, offering Physical Study Materials to certain User(s) on a complimentary basis or as part of Unacademy’s Services, does not automatically entitle you to receive such Physical Study Materials free of cost.

         
         

   3. Terms applicable to Unbundled Physical Study Materials:

      
      

      1. Purchase of Unbundled Physical Notes: You may purchase one or more Physical Study Material(s) independently, i.e., not as part of any Subscriptions or other services offered on the Platform. You can place an Order for purchase of Physical Study Material(s) by following the instructions provided in the relevant section of the Platform and making payment of the Price (defined below). If you are facing any issues while placing the Order on the Platform, then please write to us at Unacademy Learner Support.

         
         

2. PART — II: Digital Study Material(s) Terms and Conditions

   
   

   These Digital Study Material Terms and Conditions are applicable for your purchase of Digital Study Material(s) on the Platform. The Digital Study Material(s) are made available to you in two ways: (i) Digital Study Material(s) is bundled with certain Subscriptions offered for purchase to Users or with other services (“Bundled Digital Notes”), and (ii) Digital Study Material is made available for purchase on a standalone basis i.e., Users can purchase it independent of any Subscriptions on the Platform (“Unbundled Digital Notes”). The terms applicable for purchase of Bundled and Unbundled Digital Study Materials vary and are specified as such hereinbelow.

   
   

   1. General terms applicable to Digital Study Materials:

      
      

      1. End-Use: Your purchase of the Digital Study Material(s) entitles you to use the same for your personal use. However, the rights in and to the Digital Study Material that is granted to you pursuant to your purchase thereof, is only meant for your personal use and does not allow you, either by yourself or through any third-party, to sell, distribute, reproduce, copy, publish, transmit, broadcast, display, licence, or otherwise exploit the Digital Study Materials or any part thereof in any manner whatsoever. In other words, the rights granted to you in respect of the Digital Study Materials purchased by you only allows you to use it for your personal use, and you cannot use it for any other purpose, including without limitation, sharing it with others for non-commercial purposes. To understand the rights granted to you, please refer to the ’Licence to Digital Study Material’ and/or ‘Purchase of Unbundled Digital Notes’ sections below depending on the type of Digital Study Material subscribed and/or purchased by you.

         
         

         Further, the rights granted to you is limited to using the Digital Study Material on an ‘as-is’ basis, and it does not entitle you to modify, change or tamper with the contents of the Digital Study Materials, Unacademy’s branding on the Digital Study Materials or do any act or omission that infringes the rights (including but not limited to the intellectual property rights) of Unacademy or any other third party in relation to the Digital Study Materials.

         
         

         Unacademy shall have the right to take necessary legal action against you, if it comes to Unacademy’s notice that the Digital Study Material(s) or any part thereof that is subscribed or purchased by you is used in an unauthorized manner.

         
         

      2. Delivery of Digital Study Materials: Upon completion of your purchase of Bundled or Unbundled Digital Notes or other relevant service offered on the Platform, you shall be entitled to access and use the Digital Study Material(s) subject to limitations prescribed under these Notes Terms. You may read the Digital Study Material within the Platform and/or download it to your personal device(s) (subject to its compatibility), as applicable, by following the instructions provided on the designated page of the Platform.

         
         

         The Digital Study Material(s) may be made available to you in Portable Document Format (PDF) or in any other format as may be deemed fit by Unacademy. You shall not be entitled to make any special requests regarding the form and/or format in which Digital Study Materials are delivered to you.

         
         

         You agree that you alone shall be responsible to ensure that Digital Study Materials made available to you are compatible/readable/usable/accessible to you on your device. Unacademy does not and will not assume any responsibility in this regard.

         
         

      3. Intellectual Property: Unacademy sells the Digital Study Materials to you on an “as is” basis and Unacademy neither owns any right (including any intellectual property rights therein), title or interest in the Digital Study Materials, nor does it create, change, or modify, the content of the Digital Study Materials. You acknowledge that Unacademy does not transfer to you the intellectual property rights in the content of the Digital Study Materials.

         
         

   2. Terms applicable for use of Bundled Digital Notes:

      
      

      1. Licence to Digital Study Material: Upon purchase of a Bundled Digital Notes, you may be provided access to the relevant Digital Study Materials, depending upon the nature of the bundled service. The cost for accessing such Digital Study Materials shall be included as part of the Price you are required to pay for the Bundled Digital Notes, and you shall not be required to purchase the same separately or pay any additional cost. Notwithstanding the foregoing, Unacademy may, at its sole discretion, provide complimentary access to Digital Study Material(s) to any User, upon their purchase of a Subscription or other service on the Platform, and/or offer such access as a ‘prize’ or for availing other Services or upon winning any contest on the Unacademy Platform. It is hereby clarified that, offering Digital Study Materials (including the ones purchased by you) to certain User(s) on a complimentary basis or as part of Unacademy’s Services, does not automatically entitle to receive such Digital Study Materials free of cost.

         
         

         In the aforesaid instances or any other instance where access to Digital Study Materials is provided to you as a part of the Service(s) availed by you, Unacademy provides you a limited, non-exclusive, revocable, non-sublicensable end-user licence to access and use the Digital Study Materials for personal consumption only. It is hereby clarified that, where access to Digital Study Material is provided to you as part of any Service availed by you on the Platform, the ownership and intellectual property rights in such Digital Study Materials does not pass to you from Unacademy. Please refer to the ‘End Use’ section above to understand the nature and extent to which you are entitled to use the Digital Study Materials.

         
         

   3. Terms applicable for use of Unbundled Digital Notes:

      
      

      1. Purchase of Unbundled Digital Notes: You may purchase one or more Digital Study Material(s) independently, i.e., not as part of any Subscriptions or other services offered on the Platform. You can place an Order for purchase of Digital Study Material(s) by following the instructions provided in the relevant section of the Platform and making payment of the Price (defined below). If you are facing any issues while placing the Order on the Platform, then please write to us at Unacademy Learner Support.

         
         

         Upon completion of your purchase of the Digital Study Material(s), the ownership and title of such Digital Study Material(s), on ‘as is’ basis, shall pass to you from Unacademy. However, the ownership granted to you is limited to your personal use of the Digital Study Material purchased by you, and such grant of rights does not entitle you to exploit or otherwise use the Digital Study Material, including without limitation, sharing excerpts of the same through WhatsApp and/or other communication and social media platforms for non-commercial purposes. Please refer to the ‘End Use’ section above to understand the nature and extent to which you are entitled to use the Digital Study Materials.

         
         

3. PART – III: General Terms and Conditions Applicable to Unacademy Notes

   
   

   These General Terms and Conditions are applicable to your use of the Unacademy Notes.

   
   

   1. Pricing and Payment: To purchase the Unacademy Notes, you are required to place an order following the instruction provided in the relevant section of the Platform (“Order”) and pay the price/fee displayed therein (“Price”). You agree and acknowledge that the access to the Unacademy Notes as contemplated in these Notes Terms and the option to download the Digital Study Material, as applicable, shall be subject to you making full payment of the applicable Price to Unacademy.

      
      

      You understand and agree that the Prices charged and displayed on the Platform for the Unacademy Notes may be subject to change without any notice or consequential liability to you. However, you shall only be required to pay the Price displayed to you at the time of completing your purchase. Further, if you have purchased a Bundled Digital or Physical Notes, revised Prices, if any, for such offerings shall be made applicable to you only from the next billing period or renewal, if you choose to re-purchase/renew the offering.

      
      

      You shall not have any right to negotiate the Price. Unacademy, may at its sole discretion provide offers/discounts on the Price, such offers/discounts shall be communicated to you directly on the Unacademy Platform or via email, SMS, phone, or such other means of communication, and can be availed only through the Unacademy Platform unless otherwise specifically communicated to you by Unacademy.

      
      

      Further, we reserve the right to offer custom Prices to you (including discounts and / or special offers) in addition to what is offered on the Unacademy Platform, which include offering custom billing and payment terms, that are different from our standard terms.

      
      

      The following terms shall be applicable to your payments on the Unacademy Platform –

      
      

      1. Your payments to Unacademy shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ made the purchase from.

         
         

      2. As stated in the ‘Pricing, Payments, and Refunds’ section of our Terms and Conditions, we use Third-Party Service Providers (as defined in the said section of our Terms and Conditions) to process payments for the sale of Subscriptions, Unacademy Notes and other services on the Platform. Accordingly, to the extent applicable and relevant to your purchase of the Unacademy Notes on the Platform, all terms stated in the abovementioned section of the Terms and Conditions shall continue to apply. Hence, please read the terms carefully before you make any payments to us. Notwithstanding the foregoing, if there is any conflict between the terms stated in the aforesaid section of our Terms and Conditions and these Notes Terms, then to the extent of such conflict these Notes Terms shall prevail with respect to Unacademy Notes.

         
         

      3. To complete your purchase, you may be redirected to an external website operated by the Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third-Party Service Provider or its respective websites or (ii) control collection or use of your personal information by such Third-Party Service Provider. Hence, prior to using any services offered by a Third-Party Service Provider, we suggest that you read their terms and conditions, privacy policy and other policies, that may apply, to understand their terms of usage and to understand how your personal information is being processed.

         
         

         Unacademy is not affiliated to any Third-Party Service Provider and neither Unacademy nor any of the Third-Party Service Provider are agents or employees of the other.

         
         

   2. Cancellation and Refunds: No Cancellation; No Refund; No Return. Except as specifically stated under these Notes Terms, once you have completed the payment, whether Digital or Physical Study Materials, you will neither be able to cancel your purchase, nor will you be entitled to return the Unacademy Notes or claim refunds for any reason whatsoever. Unacademy reserves the right to provide refunds to you in certain instances at its sole discretion.

      
      

      However, in case of Physical Study Material, you are entitled to a replacement. To know the specific instances where replacement is applicable, please refer to the ‘Physical Study Material Terms and Conditions’ under Part — I of these Notes Terms.

      
      

   3. All provisions contained herein are to be read in conjunction with the Platform Terms, and any provision not specifically included herein, including without limitation, provisions pertaining to notices, force majeure, consumer grievances, OFAC, indemnity and other miscellaneous provisions, shall continue to apply to you in accordance with the Platform Terms, unless otherwise specifically stated in these Notes Terms. If you have any queries pertaining to the Platform Terms including these Notes Terms, please write to legal@unacademy.com.

      
      

   4. Disclaimers: TO THE FULLEST EXTENT PERMITTED BY LAW, UNACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE UNACADEMY NOTES OR ANY PART THEREOF, THE CONTENT PROVIDED THEREIN AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, UNACADEMY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE UNACADEMY NOTES OR ANY PART THEREOF AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE UNACADEMY NOTES OR ANY PART THEREOF; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PURCHASE OF UNACADEMY NOTES OR ANY PART THEREOF; (III) ANY UNAUTHORIZED USE OF YOUR NAME, ADDRESS, PAYMENT INFORMATION OR ANY OTHER INFORMATION BY ANY THIRD PARTY DURING THE PURCHASE OF OR ACCESS TO THE UNACADEMY NOTES OR ANY PART THEREOF ON THE UNACADEMY PLATFORM OR OTHERWISE; AND (IV) COMPATIBILITY OF THE UNACADEMY NOTES OR ANY PART THEREOF WITH YOUR DEVICE OR ANY LOSS, DAMAGE OR HARM CAUSED TO YOU OR YOUR DEVICE DUE TO YOUR USE/ACCESS TO THE UNACADEMY NOTES OR ANY PART THEREOF. UNACADEMY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYTHING CONTAINED IN THE UNACADEMY NOTES OR ANY PART THEREOF. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

      
      

   5. Limitation of Liability: NOTWITHSTANDING ANYTHING CONTAINED HEREIN, UNACADEMY SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SALE OF THE UNACADEMY NOTES OR ANY PART THEREOF TO YOU, HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA OR BUSINESS INTERRUPTION, EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO CIRCUMSTANCE SHALL UNACADEMY BE LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE PAID BY YOU FOR THE UNACADEMY NOTES OR ANY PART THEREOF.

      
      

      YOU SPECIFICALLY ACKNOWLEDGE THAT UNACADEMY SHALL NOT BE LIABLE FOR ANY CONTENT IN THE UNACADEMY NOTES THAT MAY BE DEFAMATORY, OFFENSIVE, OR ILLEGAL.

      
      

   6. Governing Law and Jurisdiction: These Notes Terms shall be governed by and construed in accordance with the laws of and be subject to the jurisdiction stated in the Terms and Conditions. Hence, please read the ‘Applicable Law and Jurisdiction’ section of the Terms and Conditions.

      
      

Last Updated on 24th June 2022