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Terms and Conditions

I. PARENTS TERMS AND CONDITIONS:

1.1 You understand that Learnanium is a common platform for students, parents and teachers and institutes interaction and will facilitate the finding of a quality teacher, day care, play school or institute for your child.
1.2 You understand that, to the extent possible, Learnanium will facilitate finding an arrangement that best suits your child's requirement but it does not guarantee any success of any kind in any examination or test that your child may undertake.
1.3 You understand that home teachers need to be treated with respect and dignity. Further, you agree to provide in your home an environment conducive to one on one study during the home tuition.
1.4You understand that the final decision to choose a particular teacher for your child is yours and yours alone. Learnanium is only a facilitator and will not be responsible for any civil or criminal action bought by you or anyone else pertaining to the liability incurred in law towards your child by any teacher, day care, play school or institute for any acts of commission or omission of its agents or employees. You explicitly agree to indemnify Learnanium from any harm that may be caused by any advertent or inadvertent actions of the teacher.
1.5 You understand that the teacher will teach your child if and only if at least one parent/guardian is present in the house.

II. TEACHER TERMS AND CONDITIONS:

2.1 You understand that Learnanium will facilitate through its platform and other resources finding for you such students in your area of expertise so that you may consider home tuitions, coaching classes or an enterprise of similar nature.
2.2 As a teacher, you agree to comply with all applicable laws, exercise the same degree of professional competence, care, skill, diligence and prudence as is normally exercised by professionals in the field.
2.3 You may receive information proprietary to Learnanium. You understand and agree that confidential information so received will only be used by you for the benefit of Learnanium and for the purpose of providing teaching.
2.4 You understand that all Learnanium company property shall be and remain the sole and exclusive property of Learnanium. You will, during the course of teaching, not make, use or permit to be used any of Learnanium company's property in any form or manner except for the benefit of the company.
2.5 You indemnify Learnanium from and against any and all claims, causes of action, and liabilities (including legal expenses) which arise directly from breach of any applicable law, for your negligent or wilful misconduct.
2.6You understand and agree that the relationship between Learnanium and you will not be considered as an employer and employee relation.
2.7 You understand that the final decision to choose a particular student for home tuitions, coaching classes or an enterprise of similar nature is yours and yours alone.
2.8 You understand and agree that you will teach the student if and only if at least one parent/guardian is present in the house.
2.9 Your information will be kept confidential with Learnanium and will not be shared.

III. DAY CARE AND PLAY SCHOOL TERMS AND CONDITIONS

3.1 You understand that Learnanium will facilitate through its platform and other resources finding for you parents/guardians who might be interested in sending their children to you.
3.2 As a day care or play school, you agree to comply with all applicable laws, exercise the same degree of professional competence, care, skill, diligence and prudence as is normally exercised by professionals in the field.
3.3 You may receive information proprietary to Learnanium. You understand and agree that confidential information so received will only be used by you for the benefit of Learnanium.
3.4 You indemnify Learnanium from and against any and all claims, causes of action, and liabilities (including legal expenses) which arise directly from breach of any applicable law, for your negligent or wilful misconduct.
3.5 You understand and agree that the relationship between Learnanium and you will not be considered as an employer and employee relation.
3.6 You understand that the final decision to choose a particular child is yours and yours alone.
3.7 Your information will be kept confidential with Learnanium and will not be shared. You will have the freedom to upload your own articles, presentations, blogs or books on Learnanium’s website if you wish to do so.

IV. CHILD PSYCHOLOGIST AND CAREER COUNSELLOR TERMS AND CONDITIONS

4.1 You understand that Learnanium will facilitate through its platform and other resources finding for you parents/guardians who might be interested in consulting you.
4.2 As a child psychologist or career counsellor, you agree to comply with all applicable laws, exercise the same degree of professional competence, care, skill, diligence and prudence as is normally exercised by professionals in the field.
4.3 You will be sensitive to the special needs and requirements of any child availing of your services, and will observe the professional norms of secrecy and confidentiality at all times.
4.4 You indemnify Learnanium from and against any and all claims, causes of action, and liabilities (including legal expenses) which arise directly from breach of any applicable law, for your negligent or wilful misconduct.
4.5 You understand and agree that the relationship between Learnanium and you will not be considered as an employer and employee relation.
4.6 Your information will be kept confidential with Learnanium and will not be shared. You will have the freedom to upload your own articles, presentations, blogs or books on Learnanium’s website if you wish to do so.

V. STUDENT TERMS AND CONDITIONS

Using the Website (Learner conduct)
1.By using this Website and the Online Content and Courses (as a registered student), you confirm that you have read the terms and conditions.
2.Your use and access of this Website and the Online Content and Courses is subject to certain conditions. You agree that failure to comply with any one of them will be a breach of these terms by you. These conditions are:
(a).You agree to use the Website and access the Online Content and Courses only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(b)You agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms;
(c)You agree not to alter or modify any part of the Website or any of the Online Content and Course;
(d)You agree not to use or access the Website or Online Content and Courses or any part of them for any commercial uses or for the benefit of any third party, including but not limited to:
(i)The sale of access to the Online Content and Courses or any associated content;
(ii)The solicitation of business in the course of trade or in connection with a commercial enterprise; and
(iii)The solicitation of, for commercial purposes, any Visitors or Learners of the Website with respect to their content (e)You agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses.
(f)Regulations of any servers or networks connected to the Website;
(g)You agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present;
(h)You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website;
(i)You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms;
(j)You agree not to put up anything defamatory or insensitive on Learnanium’s website. Any such content will be liable to removed by the Moderator; and
(k)You agree that you will comply with all of the other provisions of the Terms at all times during your accessing of the Website and use of the Online Content and Courses.
3.You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.
4.Whilst we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using the Website and Online Content and Courses, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
5.You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) to you or to Learners generally at our sole discretion, without prior notice to you.
6.You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.

(B). Registration and Accounts

1.Any Visitor can view the Website, but in order to participate fully in all activities on the Website and take part in the Online Content and Courses, you must register for a personal account on the Website (a “Learner Account”) by providing your real name, an email address and a password. You agree that you will never divulge or share access or your access information to your Learner Account with any third party for any reason.
2.In setting up your Learner Account, you may be prompted or required to enter additional information, including but not limited to your gender, date of birth and location. Additional information may also be required to confirm your identity. 3.You undertake to us that all information provided by you in relation to your Learner Account is and will be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
4.You acknowledge that if any information provided by you in relation to your Learner Account is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your access to and use of the Website and your enrolment in the Online Content and Courses.

(C) Student Conduct

1. By registering with Learnanium for a Learner account, you agree (in addition to your obligations as a Learner above) that you:
(a) are registered for the Website only once and will not set up multiple Learner accounts;
(b) will not let anyone else use your Learner Account;

(D)Online Content Providers

1.We may make certain Online Content available to Learners who are registered students of our Partner Institutions and Individuals (Institutes, Day Care Institutes, Play Schools and Consultants).
2.Your access to such Online Content may be provided to you through your Learner Account. You acknowledge and agree that any Online Course affiliated with a Course Provider may be subject to terms, policies and procedures of the applicable Course Provider in addition to these Terms. If you are a student registered or enrolled at, or are otherwise attending, a Partner Institution and are taking an Online Course for credit through that Partner Institution, you acknowledge and agree that: (a)the Partner Institution may have its own terms, policies or procedures regarding your eligibility to participate in the Online Course, your participation in the Online Course, the requirements or prerequisites for receiving credit or certification for the Online Course, and/or your educational or student records as they may relate to your participation and performance in the Online Course, and
(b)your educational or student records are maintained by the Partner Institution (and not by us), including for purposes of completing the courses you are registered for at such Partner Institutions, assigning credit or certification.
3.We will not be issuing the Online Content for the purposes of Learners gaining credit or certification at any other educational establishment including our Partner Institutions. If you are a student of, or otherwise enrolled with a Partner Institution, taking an Online Course for academic credit or certification at that Partner Institution, any credit or certification may only be awarded directly by the Partner Institution based on its own policies and procedures.

(E) Licence to use

1. Subject to your compliance with these Terms, we allow you:
(a) to access, internally use and display the Website and Online Content as an individual only at your location solely as necessary to browse and/or participate in the Online Content as permitted by these Terms; and
(b) to download permitted content from the Online Content so that you may exercise the rights granted to you by these Terms.
2. You must abide by all copyright notices or restrictions contained on the Website or the Online Content. (F)Our Liability to you
1.Nothing in these Terms affects any statutory rights that you are entitled to as a consumer. 2.The Website and the Online Content are provided to you “as is” and we make no warranty or representation to you with respect to them.
3. We provide the Online Content on the Website in good faith but give no warranty or representation that the Online Content are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content on the Website and your use is entirely at your own risk.
4.We accept no responsibility for any loss or damage incurred by you as a result of:
(a) any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any Partner Institutions and Individuals (Institutes, Day Care Institutes, Play Schools and Consultants) whose advertising appears on the Website or in relation to the Online Content and Courses;
(b) any changes which we may make to the Website or Online Content, or for any temporary interruptions in the provision of the Website or Online Content;
(c) the deletion of, corruption of, or failure to store, any Online Content and other communications data maintained or transmitted by or through your use of the Website;
(d) your failure to provide us with accurate account information; and
(e) your failure to keep your account details secure and confidential.
5. We reserve the right to suspend your use of the Website and/or access to the Online Content at any time for operational, regulatory, legal or other reasons.
6. We may terminate your account or use of the Website with immediate effect:
(a) if you or any Learner you are connected with breach any of these Terms;
(b) in order to prevent any fraudulent, unlawful or abusive activity; or
(c) if it is necessary to prevent or stop any harm or damage to us, other Learners of the Website or the general public.

VI. TERMS AND CONDITIONS SUBJECT TO CHANGE

We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of this Website following any such change constitutes your agreement to follow and be bound by these Terms of Use as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access and use this Website.

VII. ELIGIBILITY

7.1 You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use. You shall not access and use this Website if you are not competent to contract under the applicable laws, rules and regulations set out herein this Website.
7.2 You shall not access this Website and avail of the services if you are not inclined to accept the terms and conditions.

VIII. REGISTRATION

All Users are required to register in order to avail of the Services set out in Learnanium by clicking on Register as a User on the Website.

IX. USE OF WEBSITE

9.1. We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between any of the parties.
9.2. You further agree and undertake that you are accessing the Website, availing of the services and transacting with anyone, as the case may be, at your sole risk and are using your best and prudent judgment before entering into any such transactions.

X. ELECTRONIC COMMUNICATION

By accepting this Terms of Use, you expressly grant your consent to receive notices and communication electronically from us unless expressly intimated to us otherwise. Communications shall be posted on the Website and all such communications will be deemed to be in "writing" and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices and communications to us should be sent to the designated email address(es) provided for herein.

XI. COPYRIGHT LICENCE

11.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser
Provided you do not re-distribute it to others and use it only for your personal use.
11.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.
11.3 You may only use our website for educational purposes, and you must not use our website for any other purposes.
11.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.
11.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website, save to the extent expressly permitted by this notice.

XII. REPORT ABUSE

12.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.
12.2 You can let us know by e-mail on complaints@learnanium.com.

XIII. ENFORCEMENT OF COPYRIGHT

13.1 We take the protection of our copyright very seriously.
13.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials in accordance with the provisions of Copyright Act, 1957. You could also be ordered to pay legal costs in accordance with law.
13.3 You may request permission to use the copyright materials on our website by writing to us by email on feedback@learnanium.com.

XIV. LIMITATIONS AND EXCLUSIONS OF LIABILITY

14.1 Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
14.2 The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:
govern all liabilities arising under the disclaimer or relating to the subject matter of the disclaimer, including liabilities arising in contract and in tort (including negligence) except to the extent expressly provided otherwise in the disclaimer.
14.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.4 We will not be liable to you in respect of any loss or corruption of any data, database or software.
14.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
14.6 We may revise this disclaimer from time to time and the revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.
14.7 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.8 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14.9 This disclaimer shall be governed by and construed in accordance with Indian law.
14.10 Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of India at New Delhi.
14.11 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or (g) suspend or delete your account on our website.
14.12 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.13 Learnanium may revise these terms and conditions from time to time.
14.14 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14.15 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
14.16 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.17 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Cancellation and Refund:-

There will be no cancellation or refund once the payment is made. However, we, (learnanium.com and learnanium education pvt. ltd.) would have all the rights to cancel/delete/remove certain posts and entries if we find violation of our terms and conditions by any of our vendors/partners.