Terms and Conditions

Terms and Conditions

This Agreement was last revised on July 5th, 2020.

 

Our Introduction

www.learnpod.in (“website”) owned and managed by Learnpod Education Solutions, which is a company, incorporated under The Companies Act, 2013 with its registered office at M.B.S. Tower, Chowk Bazaar, Jugsalai, Jamshedpur – 831006, Jharkhand, India (hereinafter referred to as “Learnpod“) (“we,” “us,” or “our”) welcomes you.

We offer you access to our services through our “Website” (defined below) subject to the following Terms of Service, which may be updated by us from time to time with or without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these Terms, then please do not use the Website.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions of electronic records as amended by the Information Technology Act, 2000. This is generated by a computer system and does not require any physical or digital signatures.

 

Definitions

  • Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website
  • Service” or “Services” is a reference to any service defined below, which we may supply and which you may request via our Website
  • User”, “You” and “Your” shall refer to any natural or legal person who is accessing the Website for taking any service from us
  • We”, “us”, “our” and “Company” are references to Learnpod Education Solutions;
  • Website” shall mean and include “learnpod.in”, and any successor Website of the Company or any of its affiliates
  • User Account” shall mean an electronic account opened by the user with the Platform to avail services offered through the Website

 

Interpretation

  • All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”
  • Words importing any gender shall include all the other genders
  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force
  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement

 

Commitment and Scope

  • Scope: These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service
  • Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply from us electronically in the same format and you can keep copies of these communications for your records

 

Our Services

Here at www.learnpod.in, we offer a meticulously designed platform aim to provide you with educational learning.

With the use of innovative technologies, through this website, we provide a virtual schooling platform that best suits the needs of Schools, Teachers, Students, and Parents. It is the first step towards a virtual schooling experience.

 

Modifications To The Service

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to our Website. The User must review these terms periodically. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

 

Account

If you access this Website anonymously, you will not be required to create a user name. But, to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

 

Content Responsibility

The website permits you to post comments, feedback etc. (“content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

Please do not use content that:

  • contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance
  • uses or attempts to use another’s account, password, service or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive or destructive files
  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects

Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

 

Limited Guarantee

By availing our services:

  • We provide an opportunity for you to avail the offered Services from our Website
  • We do not provide any warranty or guarantee that the Services and/or Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action

 

Geographic Restriction

We reserve the right, but not the obligation, to limit the usage or supply of any service or course to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our Website is invalid where banned.

 

General Conditions

  • We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us
  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication
  • The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service

 

Your Commitment And Responsibilities

  • You shall use the website Service for a lawful purpose and comply with all the applicable laws
  • You shall not upload, any content that is Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, including any sensitive information about any person
  • You shall not use or access the Website for collecting any market research for some competing business
  • You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website
  • You will not use any device, scraper, or any automated thing to access our Website for any means without taking permission
  • You will inform us about anything that is inappropriate or  you can inform us if you find something illegal
  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means
  • You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

 

Exclusion Of Liability

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the www.learnpod.in Website including loss of data or information or any kind of financial or physical loss or damage

In no event shall Learnpod Education Solutions, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage.

 

No Responsibility

We are not responsible to you for:

  • any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
  • any losses you suffer because the information you put into our website is inaccurate or incomplete; or
  • any losses you suffer because you cannot use our website at any time; or
  • any errors in or omissions from our website; or
  • any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
  • any unauthorized access or loss of personal information that is beyond our control

 

Third-Party Links

We may comprise links to external or third-party Websites. These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

 

Personal Information And Privacy Policy

By accessing or using the Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

 

Errors, Inaccuracies, And Omissions

Every effort has been taken to ensure that the information offered on our Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and no warranty shall be provided by us for its suitability for any purpose.

 

Disclaimer Of Warranties; Limitation Of Liability

OUR WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. 

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

 

Copyright And Trademark

We have provided certain materials such as graphics, logo, photo, designs audio recording, text, software, etc. (collectively referred to as “Content”). The Content may be possessed by us or third parties.  Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You shall not modify or transfer any copyrighted content in any way for any public or commercial purpose.

If you violate any provision of this Agreement, your rights to access or use the website shall be terminated and you must with immediate effect destroy the copies you have created from the content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.

 

Indemnification

You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, licensees, and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content or the Website.  We shall provide you notice of such claim, suit, or proceeding at your expense.  We reserve the right, at your expense, to undertake the exclusive defense and control of any case that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

Severability

If any provision of these Terms is found to be unenforceable or inacceptable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

 

Termination

Term: The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination: Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

 

Entire Agreement

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

 

Beta Service Warning

The Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions, and not operate as intended or designated. Your use of the Services at this stage signifies your understanding and agreement to participate in the Service BETA testing. Learnpod reserves the right to change the content, design, and business plan when sees needed without advance notification.

 

Governing Law and Judicial Recourse

The terms herein will be governed by and construed under the laws of India without giving effect to any principles of conflicts of law. The Courts of Jamshedpur, India shall have exclusive jurisdiction over any dispute arising from the use of the Website.

 

Force Majeure

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

 

Assignment

The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

 

Contact Information

If you have any questions about these Terms, please contact us at [email protected]

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