Disclaimer
It is requested from all the users to please read the terms and conditions, refund policies, privacy policies etc. For any information or further enquiries, you may connect at query@brkscholarships.com
For the purpose of this Terms and conditions, wherever the context so requires Your, You, Yourself or User shall mean any natural or legal person who browses the Platform/ website or has agreed to become a Subscriber to the services available on the Platform.
Once you agree the terms and conditions and submit, it shall be deemed agreed and executed by the users. The user will be strictly bound by these terms and conditions once it is agreed and submitted.
We keep our right reserved to modify/ amend the terms and conditions at any point of time for whatsoever reason, which shall be updated on the website regularly so that you are notified and updated on the latest amendments and developments on this website. The Terms & conditions are subject to be amended without prior notice and it is your duty to be apprised of the same.
That you are using and browsing our website, hence it shall be understood that you trust us. We shall further take best endeavors to provide you hassle free and smooth service offerings.
These terms and conditions are limited to this website and App only. For similar terms and conditions on any other websote or app, we shall not be responsible.
Exclusions and Limitations
The website and Services are intended to be used within the jurisdiction of India only. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with the local laws. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You, nevertheless, all other provisions of these Terms remain in full force and effect.
Purpose & Services
Brk scholarships Pvt Ltd. is an online platform that aims to provide scholarships to the students on pan India basis through an online exam as per the category defined herein below upon paying the registration fees as mentioned. The students shall pay the tax/ GST as per the government guidelines from time to time. Enrolment fees for Exam as categorized :-
| CATEGORY | CLASS | CATEGORY CLASS REGISTRATION FEES (In Rs) |
|---|---|---|
| A | 1st to 5th | 499 |
| B | 6th to 8th | 699 |
| C | 9th to 12th | 899 |
| D | Graduation,diploma,degree, | 1299 |
| E | PHD,IAS,IPS etc. | 1499 |
Acceptance of terms
These Terms of Use set forth a legally binding contract between Us, and You and by using the Platform, you agree to the Terms of Use stated herein. The Terms of Use equally apply, even if You only visit the Platform or review any of the service offerings made available by Us and are bound by these Terms of Use. If you do not agree to these Terms of Use, please do not continue to access and use our Platform, henceforth.
Undertaking by the users/ customers
To provide true, accurate, current and complete information about yourself complying with Clause 1 of this Terms of Use and as prompted in order to generate the login credentials.
To the responsibility of ensuring that You meet the required qualification while opting for the courses subscribed.
You understand that you will have to pay the fees as per the prescribed category and the same is not refundable. You agree and assure that you do not have any right to claim the refund from us for any reason whatsoever.
And acknowledge that Brk scholarships Pvt Ltd. is not responsible to ensure that you conform to the eligibility criteria
To seek the consent of Your parents/legal guardians, in case you are a minor, before providing any information about Yourself or Your parents and other family members, on the website.
That We are not responsible or liable for any consequences that arise as a result of misuse of any kind, by You, in the Website or any of our services, such that it causes any harm or injury to a third-party.
That We reserve the right to change and update the content in the Platform to represent the latest evidence and practices, with the changing times, needs and requirements. We reserve the right to constantly review, update and replace the content and features of all the Study Materials, including but not limited to Test Series, Videos and Notes, which would be carried out on a yearly basis in the form of ‘Editions’. We do not guarantee that any contentor features, of the previous Edition, would be made available on the Platform in the new Edition.
That we reserve all right to engage a different faculty/ Examiner or change the current faculty/ examiner at any given point of time without any prior notification to the User.
That you do not have any right to choose or to raise an objection in the appointment of examiner/ invigilator appointed by us. We have sole discretion to choose any faculty member/ examiner/ invigilator at any point of time for whatsoever reason.
Eligibility
Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register at our website and be a Registered User (defined hereunder). As a minor if You wish to use our website/ Services, such use shall be made available to you by your legal guardian or parents, who have agreed to these Terms. In the event a minor uses our website/ services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents
You are mandatory to a person. No artificial person/ business entity/ group is allowed.
You should have all the required documents as demanded by us. In the event, if you do not have a particular document. You may connect with us and we shall help you resolve your issues.
But the sole discretion to accept your form or deny your form is upon us. You do not have any right to forcefully or by influence or pressure or coercion impose any decision on us.
We have the right to do a verification and take any decision based on verification of the student.
Payment Terms:
The students shall pay as per table mentioned in clause 1 of this terms and conditions. We reserve the right to amend the said table from time to time as per the circumstances without any individual notice to students but the changes will be live on the website.
That the students shall pay full amount at the time of registration for the application to be accepted.
Any payment made to us shall be notified and acknowledged by us. We may ask you to provide a payment screenshot, transaction or reference number for confirmation purposes if required.
In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, we will notify you as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, we will contact you through your registered e-mail address and/or phone number to notify you of the correct fee. To avail any additional services you may be required to remit any additional fees so that the correct fee is paid by you.
That in the event of payment failure, we shall notify you the same as soon as possible. In the event of payment failure but debit from your bank account, it is informed to contact your bank as we shall not be liable for the said technical error but we will provide our best support as per the possibility and circumstances.
We hereby notify you that we use third party payment gateway service providers to process payment made by you for registration. It is hereby clarified that we will not be responsible for any payment failures or errors occurring due to technical issues at the bank’s end or issues arising from the third party’s payment gateway and all such issues should be resolved directly between you and the banking or payment gateway partner concerned.
If any payment is delayed, party paid before the due date, we have the right and have sole discretion to take action and suspend your registration or refuse to allow you to give online examination for scholarship.
Study Material
You can purchase the study book material online from our website which will help you in exam preparation. Students will have to pay extra for study material as per the terms. The study material is to be purchased by the students as per their classes.
The term ‘Study Materials’ (hereinafter Study Materials) as used in these Terms of Use include the videos, Test Series and any other learning material posted for the specific topics as well as other electronic materials that may be made available from time to time. At times, soft copy document versions of the video lectures may be provided to a student and are based on our assessment as regards the need for such material. Where soft copy study materials accompany the services, these Study Materials will be made available to you once you purchase the same.
We do not make any representation, guarantee or commitment to you that the Study Materials offered will be error free.
We do not claim any guaranteed rank, mark, success/any kind of professional advantage with the use of the platform.
We also do not claim that students will avail scholarship after reading and learning the provided study material. The purchased study material will only be a support and help and does not guarantee success.
Study material received by you is personal to you and you shall not transfer or share your right to access the Study Material or further sell the study material to any other person for consideration or otherwise. Such acts will be construed as contrary to these Terms of Use and in such a situation we reserve the right to suspend or terminate access to Your account, with or without prior notice.
Key points, process and instructions
The interested students shall first pay the fees as per the terms and enroll/ register themselves for the scholarship. You will have to participate in an examination for a scholarship.
The examination will be held online only.
Each student will have a separate exam according to its class i.e. Class 1st student will have an exam of class 1st and will register himself in the exam of class by filling the form.
Examination will be categorized and held on several dates.
Exam has to be get completed by its mentioned time duration as categorized:-
| CATEGORY | TIME DURATION |
|---|---|
| A & B | 1Hr. 30 Minutes |
| C | 1Hr. 15 Minutes |
| D & E | 1hr. |
All questions will be multiple choice with four answer options.
There will be total 150 questions for all attempters & 100 questions have to be attempted by the students to get qualified for the scholarship
Negative marking will be also initiated for every 2 wrong answers 1 mark will be deducted in the exam.
Students maximum have to answer the questions right to get into the merit list percentage as per category:-
| CATEGORY | PERCENTAGE |
|---|---|
| A & B | 55% |
| C | 65% |
| D & E | 75% |
Which would be from 100 questions.
12. The amount of winning scholarship will be as category:-
| CATEGORY | AMOUNT |
|---|---|
| A | 1,00,000/- |
| B | 1,50,000/- |
| C | 2,00,000/- |
| D | 3,00,000/- |
| E | 5,00,000/- |
upto 1000 students in each class of each category will be given the scholarship.
Students can purchase study book material online from our website for exam preparation.
The study material is to be purchased by the students will be as per their classes.
If suppose from any institution 1000 or more than its students will clear the institution, then a lucky draw will decide the winner between them.
The exam day, date & time IN 2025 as categorized:-
| CATEGORY | MONTH | DATE | TIME |
|---|---|---|---|
| A,B,C | November | ||
| D,E | November |
The scholarship winning results will be for students on the website by the end of November 2025 month .
This exam will be a single attempt for school students no second attempt for the exam will be provided to any student in any case whether it would be an issue with health or anything.
The exam sheet will be live on screen for the mentioned allotted time for the exam as its category.
There will be no extra time to complete it further on. The window will be closed after the time completion.
Exam results will be decided on following merits:-
(a) Above given percentage
(b) As per timing
(c) As maximum questions answered correctly
The Scholarship winning amount will be only transferred as school book fees of the scholar students.
According to government policies all taxes will be deducted from the scholarship amount.
All winning scholarships will be handed over to the scholars in association with BALDEV RAJ KAPOOR FOUNDATION on the organzied function by them.
Students who are studying in any country with Indian (Bhartiye) identity proofs can enroll for the exam (Adhaar,Passport,Voter identity card).
Scholarship will be distributed in the merit clearing students through draw system as per the decided count of students by the management rest than that the COMPANY, NGO or INSTITUTION can't be claim by the left students or the parents.All scholarships will be presented by the highly ranked officers & ministers of our reputed Nation.
1. All the registered students will get the CERTIFICATION OF PARTICIPATION of the exam.
2. An amount of Rs.10/- will be donated for the education of underprivileged children of rural areas from every registration fee amount for the wellness of society.
3. An amount of 1% of total collection of the fee amount will be donated for health and medical of the society.
4. An amount of 1% will be donated for building of temples and gurudwara sahib for the upliftment of the society.
5. All the students participating for the exam will be appreciated by a participating certificate by the organization.
6. In case any student is absent or fails to give examination, we shall not be responsible.
7. Any changes in the status of students in regard to his address, mail id, phone number or any other relevant details should be notified to us at email Confirmation/ Acknowledgement
After the payment for registration, we shall send you a confirmation mail that the payment has been received. In the event, you did not receive and mail or confirmation from our side, you can directly connect mail at query@brkscholarships.com for any support from our side. We will provide support in this regard. It is further advisable to keep a record of payment or a screenshot of payment with you as proof for clarity.
Your duties and responsibilities
That it is your duty to keep checking the website for updates. Even though we will try to update you the important dates and events via email, we shall not be responsible if any important date, event or update is missed by you.
It is your duty to clear out all your queries and doubts before registration. You may ask us about all the procedures and services prior to the registration but once the registration is done and payment is made, the same is not refundable.
You acknowledge and accept that we cannot be held responsible for any technical problems with any systems, computers or devices you encounter during the examination. You will have to make sure that your internet/ wifi is running smooth, you have electricity back up, your device is compatible, in proper working condition and should not switch off during the examination as we shall not be responsible for such errors, negligence by you.
Please find below the Minimum System Requirements for using our Platform:.........................................
Please note that the above mentioned has been derived based on User experience and is not conclusive or a guarantee that if the above-mentioned criteria is fulfilled, the Platform would work in the like manner. Other unforeseeable circumstances too must be considered while using the services on the Platform.
Technical Support and Access
We do not warrant uninterrupted or error-free operation of the website.
We are not obliged to offer you any technical support in relation to your subscription other than the specific support that has been included.
You also accept and acknowledge that We cannot be held responsible for any delay or disruptions to your subscription as a result of such suspension or any of the following but not limited to:
- The operation of the internet and the World Wide Web, including but not limited to viruses
- Any firewall restrictions that have been placed on your network or the computer You are
using to access the Services
- Failures of telecommunications links and equipment; or
- Updated browser issues
- DRM protocols preventing playback of media
- Not meeting standards of any of the minimum system requirements as per clause 8(d).
Disclaimer of Warranties and Liabilities
We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support DRM protocols.
Any content posted on a third-party platform, by us or any authorized third party shall be subject to the terms and conditions, and policies, of that third-party platform in addition to the terms and conditions set forth herein.
SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL DRISHTI IAS OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES TO YOU, EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY DRISHTI IAS FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS. IN THE EVENT THAT YOU ARE NOT A REGISTERED USER, WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES.
Disclaimer of Services
You acknowledge and agree that the suggestions and recommendations provided by us on the website are only suggestions, and you may comply with it at your choice and option. We intend to expand our services for other educational services including school classes, college classes, other competitive exams conducted by various agencies.with customized support and assistance.
Data protection
a. We will process the information that we receive from you or otherwise hold about You in accordance with these Terms of Use and the Privacy Policy. You consent to the use by us of such information in accordance with these Terms of Use and our Privacy Policy.
b. You acknowledge that we may conduct online surveys from time to time. The data collected through these surveys are used to gauge Our services, collect demographic information and other information that We may find useful. We may share non-personal, aggregated information with third parties. By agreeing to these Terms of Use, You agree to Us using Your information in this manner and in the manner mentioned in our Privacy Policy.
Fair Usage Policy
Registration on our website is meant to be used by only one student only. Sharing the account credentials/ study materials for both personal use or commercial purposes will result in account blockage without prior notice or warning. We also track a number of other parameters to identify any form of sharing. If a violation of this policy is identified, the same would amount to the substantial breach of the said terms of use and we would have all the rights to take any legal action as provided under the law of the land, and also including but not limited to termination/blocking your account permanently without any prior notice to you and also we have reserve the right to cancel or terminate your application/ examination.
Prohibited Conduct
You agree that You shall not use the services or the Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material. You are bound not to cut, copy, decompile, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission, limited use may be allowed and this is solely based on Our discretion. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted and is considered:
- in violation of any applicable law or regulation;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
- that belongs to another person and to which the user does not have any right to;
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially/ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
- that harms minors in any way;
- that impersonate another person or entity;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of our computer/IT systems or site or our users, customer’s computer/IT systems or site;
- threatens the unity, integrity, defence, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
- If You become aware of misuse of the Service by any person, please contact mail at query@brkscholarships.com immediately.
- You shall not either as a regular browsing user, Registered User, Basic Plan user or as a Subscribed User, use the Platform to either directly or indirectly, either alone or with another third party disassemble, reverse engineer or decompile any part or whole of the website in order to get access or attempt to get access to the underlying software, source or proprietary technology which enables the Services or other functionalities of the website or do anything with an intent to create derivative works or competing platforms that provide same or similar services.
You shall not either directly or through other third parties take, post, publish, transmit or otherwise make available any of the Study Material or video tutorials on any other medium. Furthermore, You undertake not to use, display, mirror or frame the Platform or any individual element within the Platform, unless this is expressly approved by the Us in writing.
You shall not copy or record or make any attempt to copy or record part or whole of the Services or use the Services for further distribution any mode so as to commercially benefit from the Study Material or engage in any form of piracy.
Any violation of the said clause would amount to substantial breach of the said Terms of Use and the Company shall have all the rights to take any legal action as provided under the law of the land.
Termination or Suspension of Account for Illegalities or suspected Illegalities
If there is a suspicion of untoward or illegal activity, We may suspend your account immediately and if required, debar all future access by You to the Platform.
We reserve the right to cancel any subscription as We believe has been compromised, or is being used fraudulently, at its own discretion without any financial liability to You.
User’s account will be Blocked for the following reasons (including but not limited to):
- If found suspicious,
- Screencasting, Screen Recording, Screen Mirroring, Downloading Videos out of Drishti IAS Platform,
- Using a camera, phone or any other device to record any Platform content
- Sharing our Screenshots or PDF's in Social Media or any other Network
- Sharing our Accounts Credentials with anyone.
- Usage of Multiple Devices (Other than the permitted Device/s for Personal Use)
- Abusing us and our employees/ faculties/ agents/ assigns etc.
Preservation/Disclosure
You acknowledge, consent and agree that we may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process nationally or internationally;
- enforce this Agreement;
- respond to claims that any content violates the rights of third parties;
- protect our rights, property or personal
- pursuant to the terms of the Privacy Policy, reach you for marketing or promotional purposes through any channel.
Proprietary Rights
All materials on Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, notes (soft copies) and any and all other elements (collectively referred to as Material) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Us.
You acknowledge and agree that all Material on the Platform is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Our prior express written permission, which is at our sole discretion.
You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited and such actions will be considered as violation of the Terms of Use and will result in immediate account blockage or any such action the We deem fit.
Third Parties
Any ads as part of the services you use or subscribe for are independent third parties and do not have any relation with us. Neither we shall be held liable for any breach by third parties.
The website may contain links to other apps or web pages owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. We do not assume any responsibility or liability for the actions, product and content of any such websites. Before You access or visit any third-party app or website, You should review website terms of use and policies for such app or web pages. If You decide to access any such third-party platform, You do so at your own risk. The hosting of such links to third party content cannot under any circumstances be construed as Our endorsement of such third parties and You shall not implead Us in any suit or claim involving you and such third parties.
Intellectual Property Rights
We provide you with a limited license to use and access the website and Materials. The license is specifically personal, non-transferable, and non-exclusive. All content on the website, which includes, but not limited to, designs, text, graphics, images, information, logos, button icons, software, audio files and any other similar content are the exclusive and sole property of us. All icons and logos are trademarks of and proprietary to us. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All material on the Platform, including images, illustrations, audio clips, video clips and third-party licensed images are protected by copyrights, trademarks and other intellectual property rights. Material on the Platform is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means, whether directly or indirectly and You must not assist any other person to do so.
Without our prior written consent, which is at our sole discretion, modification of the Content, use of the Content on any other website, app or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
At all times, Wwe and/or our licensors, remain the owner of the intellectual property in the tutorial, and the study materials. No Course and/or study materials or any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without our prior written permission.
Terms and Termination
This Agreement shall remain in full force and effect for so long as you use the website and are a registered student. You may terminate your registration at any time, for any reason, by contacting us. We, however, do not offer any refunds because of your termination or discontinuation of the Services.
We reserve the right to terminate Your services without prior notice. Your access to the website maybe terminated immediately, with or without notice to You, and without liability to You, if We believe that You have breached any of covenants, conditions, restrictions or limitations contained in these Terms of Use or the Privacy Policy, or any false or misleading information, or interfered with use of the Platform by others.
We are not responsible to you for any data that you lose.It is your responsibility to ensure that you regularly save and back up.
We will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which are beyond Our reasonable control.
Each provision in these Terms of Use shall be construed separately as between you and us. If any part of these Terms of Use is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted, such provision shall apply but with such modification as may be necessary to make it valid and effective.
We shall not be responsible for any claims that may arise as a direct or indirect consequence of any third-party placing reliance and acting upon the information obtained as part of the Services or any other Services.
Indemnity
You agree to defend, indemnify and hold Us harmless, Our subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
- Your use of and access to the website.
- Third-party claims who rely on your representations to them based on the information made available through our services;
- Your violation of any conditions in the Terms of Use and the Privacy Policy; or
- Your violation of any third party right, including without limitation any copyright, property, or privacy right.
By using our website and/or registering yourself at our website, you authorize us to contact you via email or phone call or sms or whatsApp and offer you our services. And irrespective of the fact, if you have also registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from us. We may contact you time- to - time through SMS, WhatsApp, email and call to give notifications on various important updates, notification. You authorize us to make voice call and transactional message, even though you have registered yourselves with the “Do Not Disturb / National Customer Preference Register” list.Therefore,you should not hold us liable for any liabilities including financial penalties, damages, expenses in case the where your mobile number is registered with Do Not Disturb (DND) or National Do Not Call (NDNC) or National Customer Preference Register (NCPR) Registry database. You undertake and represent not to lodge any claims against the Institute in this regard.
No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Force Majeure
In the event, due to circumstances which are beyond our control i.e. act of act which includes but not limited to earthquake, flood, state of war, covid-19 outburst, pandemic, epidemic, civil war, heavy rainfall, lockdown in the nation, guidelines from government etc, we are not able to provide services or the examination is canceled/ terminated, then we shall not be liable for the same.
Further, we will make efforts to resume the services and conduct the examinations as soon as possible once the situation is under control.
Grievance
In compliance with the consumer protection laws and e-commerce guidelines, we have established a redressal mechanism for your grievances. In the event of any grievance, We shall revert within 3 working days and we give our best efforts to resolve the issue amicably.
Jurisdiction and Governing Laws
This entire terms of use is governed by Laws of India and in the event of any dispute or litigation, the jurisdiction shall only be at courts of Delhi. Any court case beyond this state shall be liable to be dismissed. We reserve our right to present these terms of use/ clauses as our defence.