Terms of Use

TERMS OF USE

 

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

 

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the domain name Lurnpro.com (together with all of its subsites, and all software, features, services and tools made available or offered through such website or subsites, Website) and/or the application Lurnpro (together with all of its updates, and all software, features, services and tools made available or offered through such application, Application).

 

[The Website and the Application is owned by Prominds Learning Pvt Ltc, a company incorporated under the Companies Act, 2013, and having its registered office at Gurgaon, India.

 

These terms and conditions (together with any additional terms and conditions, disclaimers, policies, rules, agreements and procedures which are present or may be posted on the Website and the Application from time to time, whether described or incorporated by reference below or otherwise, Terms of Use) govern the access to, or use of, the Website and the Application, by each person, natural or otherwise, directly or indirectly through an agent, representative or intermediary, (each such person accessing, transacting on, or otherwise using, the Website and/or the Application, a User).

 

ACCESSING, TRANSACTING ON, OR OTHERWISE USING THE WEBSITE AND/OR THE APPLICATION, INDICATES THAT YOU UNDERSTAND, ACKNOWLEDGE, AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS UNDER THE TERMS OF USE (AS AMENDED FROM TIME TO TIME), AND ACCEPTANCE OF THE TERMS OF USE FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (“AGREEMENT”), SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE AND/OR THE APPLICATION.

 

The Terms of Use may be revised, modified, or replaced in their entirety, by the Company, at its sole discretion, from time to time, without prior notice. It is your responsibility to review the Terms of Use periodically for revisions, modifications or replacements to the Terms of Use. Your continued use of the Website and/or the Application following the posting of any changes to the Terms of Use will mean that you accept and agree to such changes. Subject to your compliance with the Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website and/or the Application.

 

The terms "you" and "your" hereunder refer to the User.

 

The terms "we", "us", "our", and "Lurnpro" refer to the Company.

 

Should you have any clarifications regarding the Terms of Use, please contact us at support@lurnpro.com

 

1.           ACCOUNT AND ELIGIBILITY

 

In order to access the services and to avail the use of the Application/Website, You shall be required to register yourself with the Application/Website, and maintain an account with the Application/Website. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, grade/class of the student, school name, payment information (credit/debit card details) if required, and any other information deemed necessary. With respect to the provision of information, the following may be noted:-

 

                                     i.          It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.

 

                                    ii.          You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

 

                                  iii.          You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.

 

By accepting these Terms of Use, you represent and warrant that you are at least 18 years of age and have the right, authority, and legal capacity to accept these Terms of Use. However, in the event you are under 18 years of age (i.e. of you are a minor or a child), you may use the Website and/or the Application with the consent of, and under the supervision of, your parent or legal guardian (“Parent”). Accordingly, in such a case, the Parent must agree to the Terms of Use and the Privacy Policy at the time of their registration on the Website and/or the Application. By using the Website and/or the Application, you confirm to us that your use of the Website and/or the Application is with the permission of your Parent(s), and your Parent has read, agreed and accepted to the Terms of Use and the Privacy Policy; and in the event of any dispute between you and the Company pursuant to your Agreement with us, the terms of our Agreement shall be applicable to and enforceable against your Parent.

 

If, at any time, the Company is of the opinion that you do not satisfy the eligibility criteria, or that you have made any misrepresentation about your eligibility, it retains the right to disable your access to the Website and/or the Application immediately.

 

Your mobile phone number and/or e-mail address is treated as your primary identifier on the Website and/or the Application. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Website and/or the Application at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Website and/or the Application [through a onetime password verification]

 

You agree that the Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where you have failed to update your revised mobile phone number and/or e-mail address on the Website and/or the Application.

 

You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and/or the Application. You can access and update much of the information you provided us within the profile area of the Website and/or the Application. The Company reserves the right to refuse access to the Website and/or the Application, terminate accounts, remove or edit content at any time without notice to you.

 

2.           COMMUNICATIONS

 

When you use the Website and/or the Application or send e-mails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

 

3.           USE OF CONTENT

 

Your use of our Website/ Application and products/service offered therein is solely for Your personal and non-commercial use. Any use of the Application/ Website or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application/ Website or the services offered therein shall be subjected to the following restrictions:

 

(a)         You may not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website or the services/ products or modify, distribute, transmit, sell any information or software obtained from the Application and / or our Website and/or Services/products. The contents of the Application and / or Website should not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company's express prior written consent, and nothing on this Application or Website shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User.

 

(b)         You may use information on the products and services purposely made available on the Website for downloading, provided that you (i) do not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such documents.

 

(c)         You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Certain contents on the Website or Application may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.

 

(d)         You will not use the Application and / or Website/our products and services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.

 

(e)         No User shall be permitted to perform any of the following prohibited activities while availing our Services:

                                            i.          Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

                                           ii.          Stalking, intimidating and/or harassing another and/or inciting other to commit violence;

                                         iii.          Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

                                         iv.          Interfering with any other person's use or enjoyment of the Application/Website;

                                           v.          Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;

                                         vi.          Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;

                                        vii.          Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

                                      viii.          Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

                                         ix.          Access or use the Application/Website in any manner that could damage, disable, overburden or impair any of the Application's/Website's servers or the networks connected to any of the servers on which the Application/Website is hosted;

                                           x.          Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/services/products, or engage in any activity prohibited by these Terms;

                                         xi.          Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/services/products or any affiliated or linked sites;

                                        xii.          Interfere with, or inhibit any user from using and enjoying access to the Application/Website/services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/products;

                                      xiii.          Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;

                                       xiv.          Alter or modify any part of the Services;

                                        xv.          Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

                                       xvi.          Violate any of the terms specified under the Terms for the use of the Application /Website/Services/products.

 

4.           WEBSITE/ APPLICATION CONTENT

 

In the preparation of the Application/Website and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application/Website. Any feedback from User is most welcome to make the Application/Website and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

From time to time the Application/Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Application/Website from another website or document without the Company's prior written consent.

 

The contents of the Application/Website are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Website is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. Subscription to the Application/Website does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.

 

Certain contents in the Application/Website may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

 

Some parts of the services offered on the Application/Website are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.

 

5.           USER CONTENT

 

By submitting content on or through the services (your “User Content”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) and to associate your User Content with you, except as described below. You agree that others may use Your User Content in the same way as any other content available through the services. Other users of the services may fork, tweak and repurpose your Material in accordance with these Terms. If you delete your user account your Material and name may remain available through the services provided by the Application / Website.

 

Please be advised that any User Content posted does not reflect the Company’s views. The Company is merely an intermediary for the purposes of the Terms of Use. In no event shall the Company assume or have any responsibility or liability for any User Content posted or for any claims, damages or losses resulting from use of User Content and/or appearance of User Content on the Website.

 

You hereby represent and warrant that all the intellectual property contained in the User Content solely belongs to you or you have all necessary rights, licenses and permissions (i) in and to all User Content which you provide and all information it contains, and (ii) for the use of the Website and that are needed to comply with these Terms of Use,  and that such User Content shall not infringe any proprietary, intellectual or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

 

We reserve the right, but have no obligation, to monitor the materials posted on the Website, and remove any User Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. THE COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCE, BE RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, APPROPRIATENESS, OR LEGALITY OF THE USER CONTENT OR ANY OTHER INFORMATION YOU MAY BE ABLE TO ACCESS WHILE USING THE WEBSITE.

 

The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

6.           PRIVACY

 

We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. We store and process your information including any sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. our submission of information or material through the Website is governed by our Privacy Policy http://www.Lurnpro.com/home/privacy-policy If you object to your information being transferred or used in this way please do not use our Website or the Application.

 

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow a suitable privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction, whether such transaction are conducted on the Website or with a third-party merchant's or on such third-party merchant's website.

 

7.           USER OBLIGATIONS AND RESPONSIBILITIES

 

You agree that while using the Website, you shall not post, upload, publish, transmit or share any material or information that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iii) harms minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonate another person; (viii) contains software viruses worms, trojans, logic bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any part thereof, or any computer resource; (ix) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

Any violation of this clause may lead to the immediate suspension of your account. In the event, the Company receives any complaint that any information stored or used by you amounts to a breach of this clause, the Company will take such steps necessary as required under law to remove or disable access to such information and may disable your access to the Website immediately at its sole discretion. You hereby agree to indemnify and hold harmless the Company, its officers, directors and representatives against any claim or loss suffered by the Company as a result of a breach of this Clause.

 

8.           UNAUTHORIZED ACCESS

Unauthorized use of any part of the Website and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of any restricted areas of Website, misuse or sharing of passwords or any other confidential information, is strictly prohibited.

Each User agrees to not use the Website or any part thereof in any manner that could damage, disable, overburden, or impair the Website or any part thereof, or any services offered through the Website, or any other person’s access, use or enjoyment of the Website or any services offered through the Website.

Each User agrees to not attempt to gain, or gain unauthorized access to the Website or any part thereof, through hacking, password-mining or any other means, “screen-scrape”, “data-scrape”, “data-mine”, circumvent the navigational structure or presentation of the Website, and/or use any manual or automated means to acquire data and/or information from the Website, or engage in any activities that are contrary to the Terms of Use and/or any applicable law.

We reserves the right to suspend or cancel your login credentials, even without receiving such notice, if we suspect that they are being used in an unauthorized or fraudulent manner.

 

Each User agrees that the Company may, in its sole discretion and to the extent permitted by applicable law, access, read, preserve and disclose their account information, usage history and any information, document or material submitted, or otherwise made available, by such User to the Company, in order to: (i) comply with applicable law, regulations, legal processes, or requests from governmental or other regulatory authorities; (ii) respond to claims that any such information, document or material violates the rights of third parties, including, but not limited to, intellectual property rights or contractual rights; (iii) enforce the Terms of Use and investigate potential violations thereof; (iv) detect, prevent, or otherwise address fraud, security, or technical issues; (v) respond to your requests for any service; or (vi) protect the rights, property, or personal safety of the Company or the other Users.

 

9.           ACCOUNT SECURITY

 

The Company does not guarantee or warrant that any User Content that you store or access through the Website will not be subject to any inadvertent damage, corruption, loss or removal in accordance with these Terms of Use. You agree that the Company shall not be responsible for such loss, damage, loss or removal and it is your sole responsibility to maintain alternate backups of the User Content.

 

If you use the Website, you are responsible for maintaining the confidentiality of your username and password. You agree to accept responsibility for all activities and transmissions that occur under your account. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. The Company will not be liable for any loss or damage arising from your failure to comply with this provision.

 

10.        DISRUPTION

 

The Company makes no guarantee as to availability, quality or service levels of the Website on a 24x7 basis, or promise uninterrupted access to the Website. Disruption of the Website may arise due to technical or operational difficulties, and no prior notice of downtime will be given to you in such circumstance. The Company may also suspend the access to the Website for specific users permanently or temporarily for any reason whatsoever, including while investigating complaints or alleged violations of these Terms of Use, or disable access to the Website for such user.

 

You acknowledge, agree and accept that you may be required to update your systems, browser/mobile applications periodically in order to avail all the features and upgrades of the Website.

 

11.        OTHER TERMS AND CONDITIONS

 

(i)              You will use the Website for lawful purposes only and comply with all applicable laws and regulations while using the Website.

 

(ii)            You will provide authentic and true information in all instances where any information is requested of you.

 

(iii)           If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion disable your access to the Website without any prior intimation whatsoever, and without any liability to you.

 

(iv)           You acknowledge and agree that the Company has no relationship with you other than to use of the Website in accordance with the Terms of Use.

 

12.        INTELLECTUAL PROPERTY RIGHTS

 

The software and other technology we use to provide the Website, and all material posted or available on, or other accessible through, the Website, including notes, messages, reviews, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information images, illustrations, audio clips, and video clips contains copyrighted material, trademarks, and other proprietary information owned by the Company, the Users, other persons, or their respective licensors. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license to the Company’s or any third party’s intellectual property rights. Any use of the Website without the permission of the Company is prohibited.

 

You agree that by accessing and continuing to access or use the Website you explicitly give us the permission to use the User Content, so that we are not violating any rights you might have in the User Content. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in the User Content, in any media now known or not currently known, with respect to the User Content.

 

We shall be entitled to, consistent with the Terms of Use, and the Privacy Policy, as adopted in accordance with applicable law, use the User Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the User Content, and you acknowledge, agree and accept that you shall are not entitled to any payment or other compensation for such use of the User Content.

 

The Company respects the intellectual property of others. In case you feel that your trademark, copyright, or any other intellectual property has been infringed, you can write to us at [●].

 

13.        THIRD PARTY USE AND DISPUTES

 

We do not guarantee that other users of the Website will comply with these Terms of Use. You hereby assume all risk of any harm or injury which may result to you on account of such non-compliance by third party users. The Company shall not be held responsible for any such harm or injury resulting from third party use. You hereby agree to use the Website at your sole risk and judgment and acknowledge that the Company shall not be responsible for any User Content or other content that may be deemed illegal, infringing, offensive, indecent, or objectionable.

 

Any dispute between you and any other third party arising out of the use of the Website shall not be the responsibility or liability of the Company. The Company shall not be held liable for any negligent conduct or behaviour, whether actions or omissions, of any third party in relation to the use of the Website. The Company encourages you to report any complaints about the Website by contacting support@lurnpro.com, and the Company shall take appropriate action as soon as reasonably possible.

 

14.        INDEMNITY

 

You hereby agree to keep and hold the Company, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, consultants and agents, fully indemnified and harmless from and against all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to the use of the Website and/or the Application by you; the infringement of any third-party intellectual property rights, or the breach of these Terms of Use; or violation of any applicable law, rules or regulations or the rights of a third party or any breach of your representations and warranties set forth above and/or any fraudulent act on your part; or any claim that your User-generated Content caused damage to a third party. The Company’s right to be indemnified shall survive the expiry or termination of these Terms of Use.

 

In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Website/Application.

 

15.        DISCLAIMER AND LIMITATION OF LIABILITY

 

THE COMPANY PROVIDES THE WEBSITE AND THE APPLICATION ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND THE APPLICATION IS AT YOUR OWN RISK.

 

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR THE APPLICATION, OR THE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 

16.        TERMINATION

 

Any violation or breach of the Terms of Use may lead to automatic suspension or termination of your account or access to the Website and/or the Application by the Company, and the Company shall not be responsible or liable for damages in this regard.

 

The termination of the Terms of Use will not affect any liability that may have arisen under the Terms of Use prior to the date of termination.

 

17.        GOVERNING LAW AND DISPUTE RESOLUTION

 

These Terms of Use shall be governed by the laws of India and any disputes or proceedings arising hereunder shall be subject to the jurisdiction of the courts in Haryana, India

 

18.        SEVERABILITY

 

If any provision of the Terms of Use is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms of Use but without invalidating any of the remaining provisions of the Terms of Use.

 

19.        MISCELLANEOUS

 

The Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and the Company.

 

You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms of Use without our prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under this Terms of Use without restriction.

 

Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof.

 

Notices to you may be made via posting to the Website and the Application, by e-mail, or by regular mail, in our discretion. Without limitation, you agree that a printed version of the Terms of Use and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form.

 

20.        GRIEVANCE OFFICER

If you have any concerns regarding the collection, retention, transfer and storage of your data please contact:

Grievance Officer
Prominds Learning Pvt Ltd

Gurgaon, India
support@lurnpro.com