InterviewBit Technologies Pte. Ltd (including its affiliates) operates the website https://www.scaler.com/ and mobile/tablet application (referred to as the “Platform”). These terms of use (“Terms”) and the privacy policy available at https://www.scaler.com/privacy/ (the “Privacy Policy”) govern the access to and use of the Platform and the Programs (as defined below), whether as a guest or a registered user. Reference to “we”, us”, “our”, “ours” and “Interviewbit” refers to Interviewbit Technologies Pte. Ltd (including its affiliates). Further, the terms “you”, “your”, “yours” refer to you as a user of the Platform. 

These Terms are entered into by and between You and Us, By using our services or by clicking “I accept” when this option is made available to you, you accept and agree to be bound and abide by these Terms, including the policies referenced in these Terms.  Any use or access by anyone under the age of 18 is prohibited, and certain regions may have additional requirements and/or restrictions. By using the Platform, you represent and warrant that you meet all of the forgoing eligibility requirements and that all personal information you provide will be governed by our Privacy Policy. Further, you consent to all actions taken by us in compliance with the Privacy Policy. If you do not meet our eligibility requirements, you must not access or use the Platform.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. All changes are effective immediately when we post them, and apply to all access and use of the Platform or our Programs thereafter. Please check these Terms periodically for changes. Your continued use of the Platform or our Programs after the posting of changes constitutes your binding acceptance of such changes. Please do not use the Platform or the Programs if you do not consent to the amended terms, as applicable.

As part of the registration process, you will need to accept our Terms and provide us with your name, your phone number, your email ID. We will never request you provide us with access to your password to your User Account, unless you have given us explicit written permission to access your account pursuant to a request for assistance or support. It is your responsibility to ensure that the information you provide is accurate, complete, secure, and is not misleading in any manner whatsoever. You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account, and that you will not use any User Account other than your own. You must notify us immediately of any breach of security or unauthorized use of your account. AT NO POINT IN TIME, WILL WE BE LIABLE FOR ANY KIND OF LOSSES OR DAMAGES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT, AND YOU SHALL SOLELY BE LIABLE FOR THE LOSSES CAUSED TO US OR OTHERS DUE TO SUCH UNAUTHORIZED USE, IF ANY. We have the right to disable any user name, password, or other identifier, at any time in our sole discretion, including if, in our opinion, you have violated any provision of the Terms. 

By registering your User Account, you agree that: (i) you are registered for the Program only once and will not set up multiple User Accounts; (ii) you will abide by these Terms and any terms specific to the Program or the Platform; and (iii) that all information you provide is governed by our Privacy Policy, and you consent to all actions taken by us in compliance with the Privacy Policy.

We offer free trial classes to our new members so that you get an opportunity to experience the services we provide. Multiple uses of trial classes by an individual either through his/her own account or through another’s account, email IDs and/or in any other manner whatsoever, without our prior written permission is prohibited and shall amount to a breach of these Terms. Any free trial class provided by us shall also be governed by these Terms.

You may opt out of certain Programs subscribed by you and seek a refund for the fees already paid in relation thereto (excluding part of the down payment in respect of the course fees, equivalent to USD 500, or such amount as may be prescribed from time to time), provided, you inform us in writing regarding the same and seek the refund prior to the expiry of the Refund Window (as detailed in the table below). The Refund Window is calculated from the date of the first class/session of the relevant Program subscribed by you. NOTWITHSTANDING THE MODE OF PAYMENT USED FOR PAYING THE FEES, THE REFUND SHALL BE PAID TO A BANK ACCOUNT (AS PER THE DETAILS PROVIDED BY YOU). WE MAY REQUEST INFORMATION/DOCUMENTS (WHICH MAY INCLUDE A CANCELLED CHEQUE PERTAINING TO THE BANK ACCOUNT OF THE CUSTOMER) TO VERIFY YOUR CREDENTIALS AND DETAILS OF THE BANK ACCOUNT BEFORE INITIATING THE REFUND. WE SHALL STRIVE TO PROCESS THE REFUNDS WITHIN THIRTY (30) DAYS OF RECEIPT OF ALL THE RELEVANT INFORMATION AND DOCUMENTATION FROM YOU. We do not provide refunds for the lack of usage, dissatisfaction with the Program or for any reason whatsoever after the expiry of the Refund Window.

You acknowledge that we are the sole and exclusive owner of the Platform, the services provided by us, the curriculum and its content, and as such we are vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Programs, content and the curriculum which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials (“Content”). 

All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files are the property of Interviewbit and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. InterviewBit’s logos, trademarks and service marks that may appear on the Platform, including but not limited to “InterviewBit”, “InterviewBit Scaler”, “Scaler Edge”, “Scaler Academy”, “Scaler Data Science and Machine Learning”, “Scaler Plus”, “Scaler Forever”  and “Scaler Topics” are the property of InterviewBit and are protected under applicable Indian and international intellectual property laws. All software used on the Platform is the property of Interviewbit and is protected by Indian and international copyright laws. You must not use our intellectual property without the prior written permission of InterviewBit, or as provided in these Terms. 

You agree and acknowledge that: (i) We shall have the right to record (in any form and manner) the classes, discussions, processes, events, conversations and feedback pertaining to the participation of the users in the Programs, offered in online or any other format; and (ii) We shall have an exclusive right, including in the nature of intellectual properties throughout the world to use, publish, display, exhibit, transmit, broadcast, disseminate, market, advertise, license, transfer, modify, and create derivative works from such recorded contents mentioned hereinabove, for any purpose whatsoever, through various medium including, but not limited, to social media, webpages, electronic or print media, news articles, blogs etc.

Whether you have enrolled in a Program or are simply browsing the Platform, once you have accessed the Platform or Programs, you shall be considered a ‘user’ for the purpose of these Terms. Users must comply with the applicable laws in the jurisdiction from which they are accessing the Platform. If any laws applicable to you restrict or prohibit you from using our services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our services. 

While using the Platform, you shall not: (i) use the Platform in any way that violates applicable federal, state, local or international law or regulation; (ii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or other users, or expose them to liability; (iii) use the Platform to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms; (iv) impersonate or attempt to impersonate InterviewBit, an InterviewBit employee, another user, or any other person or entity; (v) use unethical methods during any assignment, test/exam conducted on the Platform or otherwise in relation to any Program; (vi) share any content (including any study materials or test materials) with anybody through any media; (vii) share solutions to assignments/test materials pertaining to the Platform; (viii) use the Platform in any manner that could disable, overburden, damage, or impair the site or Platform or interfere with any other party’s use of the Platform; (ix) use any robot, spider, scraper, web-crawler, or other automatic device, process, or means to access the Platform for any purpose; (x) use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (xi) use any device, software, or routine that interferes with the proper working of the Platform; (xii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (xiii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform; or (xiv) otherwise attempt to interfere with the proper working of the Platform.

The Platform may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that: (i) we have no responsibility for the accuracy or availability of information provided by Linked Sites; (ii) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites; and (iii) you agree to the terms and conditions of the Linked Sites. We may remove any Linked Sites from the Platform at any time with or without reason. Where any site and/or application contains Linked Sites, you access them at your own risk. We will not be held liable or responsible for the content or operation of third-party websites, web pages, resources or mobile services.

You represent and warrant that your content will not be inappropriate. Without limitation, for example, content (and the content of third-party websites) may be considered inappropriate if it: (i) is fraudulent or misleading, or likely to deceive any person; (ii) contains any material that is indecent, obscene, defamatory, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable at our sole discretion; (iii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, caste, sexual orientation, or age; (iv) infringes on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (v) violates the legal rights (including the rights of publicity and privacy) of others or contains material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy; (vi) promotes illegal activity, or advocates, promotes, or assists in any unlawful act; (vii)  advertises or promotes any product or service or otherwise includes a commercial solicitation, or makes any requests for donations or financial support; (viii) impersonates another person or otherwise misrepresents your identity, affiliation or status; or (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage any computer system. 

By uploading, submitting, creating, or publishing your content, you represent, and warrant that: (i) you are the creator and owner of your content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the content you submit; and (ii) your content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK. INTERVIEWBIT DOES NOT WARRANT THAT THE WEBSITE OR PLATFORM WILL BE FREE FROM VIRUSES, MALICIOUS CODE, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH INTERVIEWBIT TAKES REASONABLE STEPS TO SECURE THE WEBSITE OR PLATFORM, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND INTERVIEWBIT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE WEBSITE OR PLATFORM OR, ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE WEBSITE OR PLATFORM, WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR PLATFORM.

You agree that Interviewbit in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without any reason, including, without limitation, if we believe that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that we shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that we may retain and store your information on our systems notwithstanding any termination of your account or enrolment into the Programs.

Users residing in North America, including but not limited to United States and Canada shall only use the services provided by Scaler in the North American regions. Any violation of the same shall be deemed to be a breach of the applicable terms of use and the privacy policy of Scaler.

No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and our failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

All matters relating to the Platform and these Terms, and any dispute arising therefrom or related thereto, shall be governed by and construed in accordance with the applicable laws of India, without giving effect to any choice or conflict of law provision or rule of any other jurisdiction. Any proceedings arising out of, or related to, these Terms or the Platform, shall be instituted in the Courts in Mumbai. Without any prejudice to particulars listed in the Terms, we shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

In the event you have any queries/complaints regarding usage of the Platform, including but not limited to reporting any violation of these Terms, please contact our Grievance Team at us-support@scaler.com.