These Terms and Conditions govern the use of the Memorytrix – English Vocabulary Application available on Apple App Store and Google Play Store. Please read these terms carefully. To confirm your understanding and acceptance of the terms, go back and click “Agree.” This document creates a binding Agreement between you the user, and Memorytrix Innovations Private Limited.
Memorytrix means: Memorytrix Innovations Private Limited, located at E-70A, Gangotri Enclave, Alaknanda, New Delhi -110019, India and shall include other products and services provided by Memorytrix Innovations Private Limited. References to ‘we’, ‘us’, ‘our’ and ‘Memorytrix’ shall mean Memorytrix Innovations Private Limited.
In these Terms, reference to ‘you’, ‘user’, ‘your’ shall mean the end user / customer accessing the Mobile App, its contents and using the services offered through the Mobile App.
These terms govern your use of the Memorytrix service (“Services”), through which you can buy, get or subscribe to our apps (“Apps”), and other in-app services (“Content”). Our Services are: Memorytrix English Vocabulary and English language training. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (internet provider fees may apply, please contact your provider for details). Our Services’ performance may be affected by some of the factors mentioned above.
Memorytrix – English Vocabulary: the Mobile App that helps you learn & remember English vocabulary efficiently! The app is designed to improve your vocabulary strength, communication skills, English Language Proficiency & Cognitive skills like Memory, Focus, Speed etc.
Prepare for competitive exams like TOEFL/IELTS/SAT/GRE/GMAT or simply enhance your word bank. It’s a fun approach to an often tedious task.
(Note: While we aim to improve these above mentioned skills and your vocabulary, Memorytrix merely assists you in attaining your goals, and doesn’t in any way guarantee the effectiveness of its methods)
You will receive an account ID based on the username and password entered by you during the registration process. You are responsible for maintaining the confidentiality and integrity of the username and password. You agree to notify immediately to Memorytrix if, (a) you notice an unauthorized use / breach of your account, username or password; (b) ensure that you exit from the application during prolonged periods of no use.
Memorytrix cannot and will not be liable for any loss or damage arising from your failure in complying with this section.
Using our Services and accessing your Content requires a Memorytrix ID. An Memorytrix ID is the account you use across the Memorytrix ecosystem. Your Memorytrix ID is valuable, and you are responsible for maintaining its confidentiality and security. Memorytrix is not responsible for any losses arising from the unauthorized use of your Memorytrix ID. Please contact Memorytrix if you suspect that your Memorytrix ID has been compromised.
You must be age 13 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create an Memorytrix ID and use our Services. Memorytrix ID’s for persons under this age should be created by a parent or legal guardian.
Memorytrix offers content, services or functionality for use within the Memorytrix Apps (“In-App Purchases”). In-App Purchases include those that are consumed during the use of the App (for example, virtual currency (“Meems”) cannot be transferred among user accounts and can be activated only once. You must authenticate your account before making In-App Purchases. Refund of purchase made is at the sole and complete discretion of Memorytrix.
Memorytrix provides periods of promotional price drops and discounts on its products. During these periods, at the sole and absolute discretion of Memorytrix, pricing of individual or a combination of products may change. You acknowledge that this warrants you no authority of refund of the higher prices you may have paid in a period of normal sales.
You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Memorytrix, and/or you and the entity providing the Content on our Services. Memorytrix will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country in the Memorytrix App) for any paid Transactions, including any applicable taxes.
All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined at the sole and absolute discretion of Memorytrix. From time to time, Memorytrix may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Memorytrix to a corresponding counterclaim.
You may be able to Redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same Memorytrix ID. Content may not be available for Redownload if that Content is no longer offered on our Services. Content cannot be transferred between different user ID’s.
Memorytrix Services will recommend Content to you based on your performance level, purchases and other game related and in-app activities. Some recommendation features may require your permission before they are turned on. If you turn on these features, you will be asked to give Memorytrix permission to collect and store certain data, including but not limited to data about your device activity and usage. Please carefully read the information presented when you turn on these features.
Memorytrix is responsible for providing maintenance and support for Memorytrix Apps only at the sole and absolute discretion of Memorytrix Innovations Private Limited, or as required under applicable law.
Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content, as not permitted in this section, is a material breach of this Agreement. Memorytrix may monitor your use of the Services and Content to ensure that you are following these Usage Rules. You acknowledge that the usage rules do not transfer any rights in the content provided by Memorytrix.
The rules are:
Our Services may allow in the future for you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please use the Feedback feature to report a concern. You hereby grant Memorytrix a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing. Memorytrix may monitor and decide to remove or edit any submitted material.
Memorytrix reserves the right at any time to modify this Terms and Conditions document; and to add new or additional Terms or Conditions on your use of the Services. Such modifications and additional Terms and Conditions will be effective immediately and incorporated into this document. Your continued use of the Services will be deemed acceptance thereof. We recommend you to check this section regularly at http://www.memorytrix.com/Blog/terms-and-conditions
You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Memorytrix and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, non commercial uses in compliance with this Agreement.
No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.
The Memorytrix name, the Memorytrix logo, App Store details, website, and other Memorytrix trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Memorytrix in India and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks and cannot use any of the above mentioned properties without the written and expressed permission of Memorytrix Innovations Private Limited.
If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
You expressly understand and agree that Memorytrix shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Memorytrix has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service including but not limited to the assertions made by Memorytrix regarding the correctness of its claims. In no event shall Memorytrix’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Memorytrix in the last six (6) months, or, if greater, one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
You agree to indemnify, release, defend, not sue and hold harmless Memorytrix and its affiliates including but not limited to their officers, employees, directors and agents, from and against any and all losses, liabilities, claims, damages, actions of any kind, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Memorytrix, that arise in connection with your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another; or any action taken by Memorytrix as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred; or Memorytrix’s decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of Memorytrix’s conclusion that a violation of this agreement has occurred.
You agree that you are responsible solely for any interaction with any other user in connection with the service, and Memorytrix has no liability or responsibility with respect thereto. Memorytrix reserves the right, but has no obligation, to become involved, in any way, with disputes between you and any other user of the Service.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws and / or principles. Disputes arising in relation hereto, shall be subject to the exclusive jurisdiction of courts, tribunals, fora and applicable authorities at New Delhi, India. You and Memorytrix agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Delhi, India, to resolve any dispute or claim arising from this Agreement. If (a) you are not an Indian citizen; (b) you do not reside in India; (c) you are not accessing the Service from India; you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth in the State of Delhi, India.
If you believe that any Content available through the Services infringes a copyright claimed by you, please contact Memorytrix at firstname.lastname@example.org.