use of the web platform and “CollPoll” application for mobile and handheld devices (collectively hereinafter called as the “Platform”), each of which you
shall be deemed to have read, understood and consented to of your free will.
The Platform is owned and operated by Butterfly Innovations Private Limited (hereinafter referred to as “we”, “us”, or "Company”).
The Company is a private limited company registered under the Companies Act, 1956, bearing registration number U74900HR2013PTC050006 and having its registered office at 378, Sector 10, Gurugram, Haryana - 122001. “CollPoll” is a registered trademark of the Company.
The User Terms are an electronic record in terms of the Information Technology Act, 2000, the applicable rules thereunder (as amended from time to time) and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. This electronic record is generated by a computer system and does not require any physical or digital signature.
Based on the information and data received from the educational institution you are associated with, the Company will provide you with a pre-registered account for the Platform.
The Company will provide you access to your pre-registered account by either sharing (i) the login ID and password; or (ii) a unique one-time registration code. In the event you are provided with a unique one-time registration code, you will be required to login to the Platform by using the unique one-time registration code and create a login ID and password for your account.
If you are a student, you can also access your pre-registered platform account by providing your personal details to the support team of the Company and upon verification the support team of the Company will provide you access to your pre-registered Platform account.
Once you login to your pre-registered Platform account by using the login ID or the unique one-time registration, provided by the Company, or by assistance of the support team of the Company, you are required to verify the pre-filled information and complete the information missing from your pre-registered account page.
You agree and confirm that you shall (a) provide accurate, truthful, current and complete information while logging in to your pre-registered account; and (b) in all your dealings through the Platform (i) maintain and promptly update your account information; (ii) maintain the security of your account by not sharing your password with others and restricting access to your account and your device; (iii) promptly notify the Company if you discover or otherwise suspect any security breaches relating to your account or the Platform; and (iv) take responsibility for all activities that occur under your account and accept all risk of unauthorized access to the same.
The Company reserves the right (but shall not be obliged) to confirm and validate the
information and other details provided by you or the educational institution you are associated
with in the course of your use of the Platform. If upon such confirmation any detail furnished
by you are found or are reasonably believed, to be inaccurate, false, misleading or fraudulent,
the Company shall, in its sole discretion, have the right to debar you from using the Services
without any intimation to you and the Company assumes no responsibility and shall not be
liable for, any such act on its part.
SUBMISSION OF INFORMATION
The Company authorizes you to access the Platform solely for the purpose of using the Services.
By clicking the I agree option, you hereby authorize the Company to (i) use information related to you, which submitted by you or is procured by the Company from the educational institution you are associated with, to contact you, (ii) maintain a record of your queries, visit of the Platform, and/or feedback, and (iii) share information related to you with the third party service providers which provide services to the users on the Platform and which have been approved by the educational institution you are associated with upon your prior intimation.
You shall not post any content or information which is false, deceptive, misleading, deceitful and/or is in breach of these User Terms or any of the policies of the educational institution you are associated with.
For certain function of the Services, such as reviewing and tracking your use of the Services or to provide effective Service through the Platform, you may be required to provide your name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, you are required to provide accurate and complete information.
By using any of the Services you agree and acknowledge that:
All the calls made to the Company may be recorded by the Company for quality and training purposes.
belongs to another person and to which you do not have any right;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racial, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates or defames another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation; and
is in violation of any of the internal policies of the educational institution you are associated with.
You are also prohibited from:
violating or attempting to violate the integrity or security of the Platform;
transmitting any information on or through the Platform that is disruptive to the provision of the Services provided by the Company;
intentionally submitting on the Platform any incomplete, false or inaccurate information;
making any unsolicited communications to other users of the Platform;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
copying or duplicating in any manner any of the information available on the Platform; and
framing or hotlinking or deep linking any contents from the Platform.
The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned in clause 6.2 and/or clause 6.3 above, shall be entitled to disable such information that is in contravention of clause 6.2 or clause 6.3 and the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes. If any information, document or content posted by you is in violation of any internal policy of the educational institution to which you are associated with, such information, document or content may be removed by the Company only upon written authorization from such educational institution in this regard.
THIRD PARTY SERVICES AND INFORMATION
The Company may, upon mutual agreement with the educational institution you are associated with, provide information on the Platform regarding third party website(s), mobile applications, affiliates or business partners and/or contain links to their websites. Such information and links are provided solely for the purpose of your reference. The Company is not endorsing third party material on the Platform, is not responsible for any errors and representation relating to such third-party material, and is not associated with such third party material, and you shall access these third party websites at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from the Platform, other than such software which are developed by the Company, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature.
Upon mutual agreement with the educational institution you are associated with, the Platform may also host services which are provided by third parties (“Third Party Services”) or provide options to its Users to use Third Party Services through the Platform. In such cases, you agree that you shall be subject to adhere to the terms and conditions of the Third Party Services framed by the third party service providers (“Third Party Providers”).
If you choose to avail the Third Party Services and you are required to make any payments to the Third Party Providers for such Third Party Services through the Platform, you agree and acknowledge that the payment terms of the Third Party Providers will be applicable to such transactions. While, the Company may provide or arrange for technology infrastructure to carry out transactions for Third Party Services through the Platform, the Company shall not be responsible to you for any of the Third Party Services.
RESPONSIBILITIES OF COMPANY
While the Company endeavours to provide best Services and technology support at all times, however, the Company assumes no responsibility, and shall not be liable for, any damages caused by viruses, trojans or any other form of malware, adware and other malicious programs that may infect your computer system, mobile phone or any hardware or software used by you to access or use the Platform and which may have an adverse impact on your experience of browsing the Platform. You are expected to use adequate anti-virus software and firewalls in your device to guard against possible attacks by all kinds of malicious software.
The Company regularly undertakes feedback of the users relating to the use of the Platform and Services and the Company endeavours to improve the Platform and Services basis on such feedback at regular interval. However, the Company does not assure that feedback of all users will be accommodated while performing changes to the Platform and the Services.
In the event you are facing any issues relating to the Services or the Platform, you should reach out to the technical support team of the Company using in platform support tool or by sending an email at firstname.lastname@example.org.
REPRESENTATION AND WARRANTIES
The Company makes no representation or warranty that:
the Services shall meet the User's requirements and shall be to the satisfaction of the User;
access to the Services will be uninterrupted, timely, error-free, free of viruses or other harmful components; and
The information available on the Platform is correct, accurate or otherwise reliable at all times.
LIMITATION OF LIABILITY
The Company shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of any of the Services.
We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.
INTELLECTUAL PROPERTY RIGHTS
The Company is the sole owner or licensee of all intellectual property rights in the Platform, and the materials/contents published therein (excluding the materials and contents published or uploaded by the users of the Platform).
Copying, storing, distributing, transmitting or otherwise modifying any content on the Platform other than for your personal, non-commercial use is prohibited and shall amount to an infringement of the intellectual property rights of the Company or the relevant licensor(s) under applicable laws. If you print off, copy or download any part of the Platform in breach of the User Terms, your right to use the Services will cease immediately and you must, at your option, return or destroy any copies of the materials you have made.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of the information available on the Platform. All information provided on the Platform is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for any particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s).
The User agrees and acknowledges that the use of the Platform and the Services is at the sole risk of the User and that the Company provides the Services “AS IS” and without any warranty or condition, whether express, implied or statutory. The Company specifically disclaims all representations and warranties of any kind, whether express or implied as to the merchantability, suitability, quality and fitness of the Platform and the Services for any particular purposes and the same are excluded to the fullest extent as may be permitted under applicable law.
The contents of the Platform are for general information purposes only. Due to the vagaries that can occur in the electronic distribution of information and due to limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in the functionality of any or all of the Services. While the Company endeavours to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability thereof for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Through the Platform you may be able to access other websites and/or mobile applications. Such websites and/or mobile applications are not under the control of the Company. We have no control over the nature, content and availability of those sites/mobile applications. The inclusion of any such links does not necessarily imply a recommendation or endorse the views expressed therein. We reserve the right to disable such access to other websites and/or mobile applications, although we are under no obligation to do so.
The Company periodically conducts scheduled maintenance and upgradation exercises for the Platform which may impact the performance of the Platform and some functions and features may not be fully operational during those periods. Such maintenance and upgradation exercises will be conducted with prior notification to you.
While every effort is made by the Company to keep the Platform up and running smoothly, however, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.
You acknowledge and agree that at no time are we making any representation or warranty regarding any goods provided by a Third Party Provider nor will we be liable to you or any such Third Party Provider for any consequences or claims arising from or in connection with the goods provided by such Third Party Provider. You hereby disclaim and waive any rights and claims you may have against us with respect to goods or services of a Third Party Provider.
In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the contents on the Platform.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
CHOICE OF LAW AND DISPUTE RESOLUTION
You agree to defend, indemnify and hold harmless the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your access to or use of the Platform; (b) your violations of the User Terms; (c) your violation of any rights of any third party, including infringement of their intellectual property right; and/or (d) your conduct in connection with the Services.
We do not own, sell, resell, furnish, provide, prepare, manage and/or control any Third Party Provider or the goods or services provided by such Third Party Provider.
Users shall not collect or harvest any personally identifiable information from the Platform, use communication systems provided by the Platform for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Platform with respect to their submissions to the Platform, or publish or distribute any vouchers or codes in connection with the Platform, or scrape or hack the Platform.
The rule of construction, if any, that a contract should be interpreted against the parties responsible for the drafting and preparation thereof shall not apply.
All dealings, correspondence and contacts between us shall be made or conducted in the English language.