This Agreement was last modified on 31 Oct 2018.
This “Terms and Conditions” describes the terms and conditions on which all users are allowed to use our Website and our Services. We have incorporated by reference all linked information.
In This “Terms and Conditions”:
“Account” means the account you open when you register on the Website.
“Buyer” means a User that investigates and purchases Seller Services or items from Sellers or identifies a Seller through the Website. Buyer means all Learners registered on our website.
“Seller” means a User that offers and provides services or identifies as a Seller through the Website. Seller means all Experts registered on our website.
“Seller Services” means all services provided by Sellers.
“LearnKartS”, “we”, “our”, or “us” means LearnKart Technology Private Limited.
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trade marks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“Payment” means a payment made by the Buyer for the Seller Services under a User Contract and which will be released in accordance with the section “Payments” below.
“Training” means a Training service offered by a seller(Trainer) or registered to by a Buyer(Employer) via this Website
“User” , means whosoever visits or uses this website. It may include an individual or a group of persons or company (as per definition of Company Laws) or any college(s).It may be in reference to “you” or “your” as the case may be.
“User Contract” means and includes :-
(1) this “Terms and Conditions”;
(2) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the “Terms and Conditions” ; and
(3) the Training terms as awarded and accepted on the Website, to the extent not inconsistent with the “Terms and Conditions”
“Website”/”We”/”Our” means the websites operated by LearnKartS and available at: LearnKartS and any related LearnKartS service(s), tool(s) or application(s).
By accessing and/or using the Website, you agree to the follow all the terms and condition here and below mentioned in this and linked documents.
We may amend this “Terms and Conditions” and any linked information from time to time by posting amended terms on the Website.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register on website in order to buy or sell services and/or items. The Website enables Users to work together online to complete and pay for Training jobs, buy and sell items and to use the services that we provide.
Before using the LearnKartS Website, we recommend that you read the whole “Terms and Conditions”, the Website policies and all linked document(s)/information(s).
Whosoever capable of entering a valid agreement under Indian law of contract shall be eligible of entering the contract with website unless specifically barred indicated herein below.
- Those who are not able to form legally binding contracts; or
- Those who are barred from receiving and rendering services under the laws of India or other applicable jurisdiction; or
iii. Those who are suspended from using the LearnKartS Website, in any form
Users may provide a business name or a company name, which is to be associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this “Terms and Conditions” is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
We keep our rights reserved at our absolute discretion to refuse to register a person or corporate entity as a User.
- Using LearnKartS
Every user while using this Website shall be responsible to keep himself restrained from the following activities:
- post content or items in inappropriate categories or areas on our websites and services;
- infringe any laws, third party rights or our policies,
iii. fail to deliver payment for services delivered to you, unless the Seller has materially changed the Seller Service provided or a clear typographical error is made;
- fail to deliver Seller Services purchased from you, unless the Buyer fails to meet the terms, materially alters the terms of the Seller Services from the listing;
- circumvent or manipulate our fee structure, the billing process, or fees owed to LearnKartS;
- post false, inaccurate, misleading, defamatory or offensive content (including personal information);
vii. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the LearnKartS Website);
viii. transfer your LearnKartS account (including feedback) and Username to another party without our specific consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm LearnKartS, the Website, or the interests or property of LearnKartS users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person or society;
- download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;
xii. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the LearnKartS Website;
xiii. copy, modify or distribute rights or content from the LearnKartS Website or LearnKartS’s copyrights and trademarks; or
xiv. harvest or otherwise collect information about Users, including email addresses, without our consent.
xv. You give us rights to share your email, phone and resume to be shared with parties for the work which is getting done on the LearnKartS, as per the different subscription packages.
xvi. You give us rights to add your LinkedIn resume (only when LinkedIn is verified) to your profile incase its not added with-in 2 weeks of your profile creation on LearnKartS.
- Intellectual Property Rights infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via [email protected] and we will investigate as per Indian law.
- Fees And Services
We charge fees for certain services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on Fee and Charges, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees/fees structure for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
Unless otherwise stated, all fees are quoted in Indian Rupees (INR).
You are responsible for paying the GST and any other tax which may be applicable depending on the jurisdiction of the services provided.These taxes will be deducted from the amount billed to you at source and this amount will be shown separately on your invoice. You must also comply with any additional obligations under income tax provisions in your jurisdiction and LearnKartS as a company will not be responsible in any manner whatsoever for your tax liability.
- Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate or a third party as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a third party will have the same rights, powers and privileges that we have under this “Terms and Conditions” and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by LearnKart.
We may display your company or business name, logo, images or other media, and public description of your Profile/Profile(s) related material as part of the LearnKartS Services and/or other marketing materials relating to the LearnKartS Website, except where we have mutually agreed not to do the same.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content(s):
- will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
- will not violate any law or regulation;
i. will not be defamatory or trade libelous;
- will not be obscene or contain pornography;
- will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
- will not contain material linked to terrorist activities
ii. will not include incomplete, false or inaccurate information about User or any other individual; and
iii. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of India. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you the access to the Website and LearnKartS Services and may close your Account.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
- Feedback, Reputation and Reviews
You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the LearnKartS feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a website operated by LearnKartS or its related entities without our written permission.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, must relate to a Training projects being performed on the Website. An example of a permissible website address would be a portfolio of work.
We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorized by LearnKartS or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
- Communication With Other Users
You must not post your email address, phone number or other contact information on the Website, except in the email/phone number/linkedin field in your profile, at our request or as otherwise permitted by us on the Website.
- Right To Review
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.
- Identity / Know Your Customer
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your driving license, PAN number etc). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or LearnKartS Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
- User Services
Upon the Seller putting bid for a training job, or the Buyer’s acceptance of bids on the Website, or purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the “Terms and Conditions”.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this “Terms and Conditions” is intended to override a right that by applicable law may not be excluded.
Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this “Terms and Conditions” creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this “Terms and Conditions” shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between LearnKartS and the User.
- Special provisions for Training Jobs
Each User acknowledges:
- LearnKartS may from time to time include a map feature and LearnKartS may display the location of Users to persons browsing the Website on that map. Every Buyer seeking services may be asked to provide the location where the job is to be performed or the goods are to be delivered. A User must never disclose, in any Training job/project posted, personal details such as the User’s name, street number, phone number or the email address in any Training description for a Local job or in any other public communication on the LearnKartS Website.
- Once a Seller’s bid is accepted by the buyer, then the Seller is obliged to complete the transaction, unless the service or task, goods or transaction is prohibited by law, by this Agreement or by any of our Policies.
You may have funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Seller, you may have funds if you have successfully completed a Training job/project, or sold an item, and funds have been released to you. There are also circumstances where funds will have been credited to your Account in relation to an affiliate program or a referral program.
Funds in your Account are held by us in our operating accounts held with reputable financial institutions. Funds in your Account are not held separately by us and may be commingled with our general operating funds and funds of other User’s Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account.
We may receive interest on funds held by us in our operating accounts (which may include funds in your Account) from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.
We reserve the right to collect any funds owed to us by any other legal means.
You acknowledge and agree that:
- we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
- the funds shown in your Account (which may include Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through the Website and provision of the LearnKartS Services;
iii. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
- we are not acting as a trustee or fiduciary with respect to such funds or payments;
- the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
- funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services;
vii. we will hold funds in respect of the amount of your Account in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
viii. we may commingle your funds with funds of other User’s and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this “Terms and Conditions”.
- Limits & Fraud Prevention
We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction it will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
- we believe there may be a high level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or charge-back;
- we believe that the beneficiary of the payment is someone other than you;
iii. we believe that the payment is being made to a country where we do not offer our Service; or
- we are required to do so by law.
If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account.
A Buyer may ask for a refund at any time for any funds that you have paid. If the amount the Buyer has asked to refund relates to: undisputed refund the payment would be refunded as per the policy of LearnKartS or if refund amount pertains to any dispute, it shall be subject matter of the Arbitration and Arbitration Process may be followed accordingly.
There is no minimum amount for a refund.
Your withdrawal of funds earned will be delayed for fifteen days for security and fraud purposes.
Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies dictate that a delay is required.
We impose a minimum withdrawal amount for funds earned. This is set out in our FAQ.
We may require you to be LearnKartS Verified before you can withdraw funds from your LearnKartS account, irrespective of whether or not a delay has been enforced. You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on “Identity / Know Your Customer” in this agreement.
- Inactive Accounts
User Accounts that have not been logged into for a continuous period may be closed or deactivated, due to various cost involved for storage, bandwidth, support and management costs of providing hosting of the User’s profile, portfolio storage, listing in directories, promotion of your profile on the website and elsewhere, file storage, message transmission and message storage.
The length of the continuous period is 6 months.
We reserve the right to close an Inactive Account.
- Right To Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this “Terms and Conditions”;
- if you under-priced on any Training in an attempt to renegotiate the actual price privately, avoiding fees;
iii. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 3 months of the date of request;
vii. to manage any risk of loss to us, a User, or any other person; or
viii. for other similar reasons.
Without limiting our other remedies, to the extent you have breached this “Terms and Conditions”, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this “Terms and Conditions” will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this “Terms and Conditions”, we reserve right to impose fine which may extend up to INR Rs.2,50,000/- for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and (3) we may release the entire (or part of the) amount of the fine from your Account to us.
If we close your Account for a reason other than as a result of your breach of this “Terms and Conditions”, unless as otherwise specified in this “Terms and Conditions”, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
- DISPUTES REDRESSAL POLICY:-
In the event of any dispute(s) if arises in respect of interpretation, explanation, amendments, implementation, financial transaction (including payments), validity, acceptances refusal etc. of this agreement, it shall be amicably resolved between the parties in all probabilities with-in span of 15 working days from the date of arising of such dispute(s). However if that does not happen then LearnKartS shall have all rights to refer the dispute(s) to some sole arbitrator of its choice as defined under Arbitration and Conciliation Act of India, 1996 and the decision of the arbitrator shall be final and binding upon all parties to the arbitration. No court shall take cognizance in all/any such dispute(s) whatsoever. The arbitrator shall be an imminent, law-knowing person.
The arbitration clause shall be applicable as per following terms:
- This Agreement shall be construed, governed and interpreted in accordance with the laws of India;
- Should the parties be unable to amicably resolve disputes, related to or arising out of one or more of the provisions of LearnKart, the parties should agree that the same shall be settled by arbitration under Arbitration and Conciliation Act, 1996. Such arbitration proceedings shall be conducted by an independent sole arbitrator to be nominated by LearnKart. The arbitration proceedings shall be conducted exclusively in English Language and the venue of arbitration shall be BANGALORE, India. The arbitration award made by the arbitration tribunal shall be final and binding on the parties;
iii. The Courts in Bangalore shall have exclusive jurisdiction with respect to matters arising out of or relating to this Agreement;
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Access And Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the LearnKartS Website for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the LearnKartS Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
iii. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website’s without the prior express written permission of LearnKartS and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the website’s, services or tools, or any activities conducted on or with the website’s, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the LearnKartS Website and LearnKartS Services.
In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this “Terms and Conditions”.
You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the LearnKartS Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
- No Warranty Policy:
- Because User identification on the Internet is difficult, we cannot and do not confirm each User’s purported identity. We may provide information about a User, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us, however in no circumstances the company shall be responsible and the information shall be the sole responsibility of information provider.
- We do not offer any form of insurance, or other Buyer or Seller protection.
iii. The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled accidentally by us or accidentally or purposefully by a third party then also the company shall not be responsible for any information.
Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
- the Website or any Seller Services or LearnKartS Services;
- the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or LearnKartS Services;
iii. whether the Website or Seller Services or LearnKartS Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- whether defects in the Website will be corrected;
- whether the Website, the Seller Services or the LearnKartS Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or LearnKartS Services;
- any third party agreements or any guarantee of business gained by you through the Website, Seller Services or LearnKartS Services or us; or
vii. the Website, Seller Services or LearnKartS Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
- Limitation of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
iii. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
To the extent that we are able to limit the remedies available under this “Terms and Conditions”, we expressly limit our liability for breach of a non-excusable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the LearnKartS services again or the payment of the cost of having the LearnKartS services supplied again.
- Bar to Action
We may plead this “Terms and Conditions” in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this “Terms and Conditions” and no court shall take cognizance for any dispute whatsoever arise between the parties. All the disputes subject to the Bangalore territorial jurisdiction only.
The provisions of this “Terms and Conditions” are severable, and if any provision of this “Terms and Conditions” is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this “Terms and Conditions”.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- No Waiver
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
- Additional Terms
It is important to read and understand all our policies as they provide the rules for trading on the LearnKartS website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:
Each of these policies may be changed from time to time. Changes take effect when we post them on the LearnKartS website. When using particular services on our website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are incorporated into this “Terms and Conditions”.
LearnKart Technology Private Limited is located at :
1st Floor, Incubes, ITPL Main Road, AECS Layout, Brookefield
Bangalore, India 560037
This Agreement contains the entire understanding and agreement between you and LearnKartS
If you have any questions about this “Terms and Conditions” or if you wish to report breaches of this “Terms and Conditions”, please contact us by emailing us at[email protected] .