These Terms and Conditions ( “Agreement” ) shall govern the legal relationship between, DS Digital Private Limited (hereinafter referred as “Company”) i.e. owner of the website www.learnflix.in (hereinafter referred as “Website” ) and mobile software application(s) (hereinafter referred as “Learnflix App” ) and the User(s) of the Website and Learnflix App. In this Agreement Website and Learnflix App are jointly referred as “Learnflix” ).
1. Use of Learnflix
By accessing and using Learnflix and the functionalities and services provided therein, User(s) hereby confirm that User(s) have clearly and unambiguously read, understood and agreed to the Legal documents. In case User(s) does not agree to these Legal documents, User(s) should leave the Learnflix App and Website as the case may be and do not use any of the functionalities and services provided under the Learnflix App and Website.
User(s) of Learnflix includes students, channel partners of the Company, schools, colleges, coaching institutes/centers, parents of students, and teachers and any other person who download the Learnflix App or visit and access the Website.
All the Legal Documents referred above and all other terms and conditions as separately provided to User(s) through any pamphlet, promotional offer, advertisement, EULA are part and parcel of Usage Policy of Learnflix and the User(s) has agreed to all of them in a “Composite and Comprehensive Manner” to access and use the Learnflix App and Website, their functionalities and services.
User (s)’s continued use of Learnflix signifies its acceptance of the changes, if any, that the Learnflix make from time to time.
It shall be the prerogative of the Company to provide the best services to the User(s) who access Learnflix however, Company does not warrant that the services provided by it will be uninterrupted, timely and/ or error free.
2. Membership Requirements
Membership to the Learnflix is absolutely required to avail certain services and functionalities provided therein. Membership of the Learnflix is strictly private and is governed by the Legal documents and such other terms and conditions as the Company may specify from time to time. The Company shall sell its product at a specific price. The Company may sell its content independently and as well as bundled with the print books.
The Person having the access to the public segments of the Learnflix cannot place order with it and they have to mandatorily register with the Learnflix. Learnflix will provide two kinds of access to the User (s), one where Learnflix will itself generate User(s) usernames and passwords for a fee and give it to the User (s). Another way will be where User (s) can register on the Website or Learnflix App themselves by paying fee to access the content. Learnflix will also provide a trial period of 15 days for the latter.
If User(s) has registered either on the Website or on Learnflix App for two or more classes in a clubbed package, then the first class will expire at the end of first academic year and the second class will expire at the end of second academic year and so on. The content bought either on the Website or on Learnflix App, during the academic year will expire with the end of the academic year i.e., 31st of March of each year.
Granting of registration to a User (s) is within absolute and sole discretion of Learnflix and no User (s)shall claim the same as a matter of right. Further, mere registration does not guarantee membership unless and until the same has been approved and confirmed by Learnflix or its management through a message communication.
3. Refund Policy
There will be no refund policy for any User (s).
4. User Authority
By using Learnflix, User(s) represent and warrant that User(s) have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
5. Internet Intermediary Requirements
For the purposes of Cyber Law due diligence requirements of India, the expression “User(s)” means any User who can access or avail any Computer / Technical Resource for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or viewing and includes other persons jointly participating in using the Computer Resource of Learnflix.
User(s) of the Learnflix are “Users” as per the Legal documents of Learnflix and within the meaning of Internet Intermediary liability and Cyber Law Due Diligence requirements of India. They are absolutely and unambiguously required to follow, in all cases and at all stages of use of the Learnflix and its services, Legal Documents and such other rules and regulations as may be provided by the Company in its sole and absolute discretion from time to time. The Company is under no obligation to intimate the User(s) either before or after making changes, modifications and deletions of or in the Legal documents and it is the sole responsibility of the User(s) to keep themselves updated and aware in this regard in all cases and at all times by thoroughly going through the Legal documents.
User(s) of the Learnflix unambiguously and absolutely agree and understand that:
(a) They will abide by the “Legal Documents” and the “Usage Policy” of the Learnflix.
(b) They will not host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to Learnflix / any third party and to which the User does 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 whatsoever,
(iii) harms minors in any way,
(iv) infringes any Patent, Trademark, Copyright or other Proprietary Rights of Learnflix or any third party,
(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) impersonates another person,
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Learnflix 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.
(c) Learnflix is not required or obligated to host or publish any information and is not required to initiate any transmission, select the receiver of transmission, and select or modify the information contained in the transmission as specified above.
(d) the following actions by Learnflix shall not amount to hosting, publishing, editing or storing of any such information as specified above and is expressly and unambiguously agreed to and permitted by the User(s) of Learnflix
(i) temporary or transient or intermediate storage of information automatically within the computer resource as an intrinsic feature of Learnflix, involving no exercise of any human editorial control, for onward transmission or communication to another website and mobile software application,
(ii) removal of access to any information, data or communication link by Learnflix after such information, data or communication link comes to the actual knowledge of the Grievance / Nodal Officer authorized /appointed by the Company pursuant to any order or direction as per the provisions of the IT Act, 2000,
(e) Learnflix, on which system the information is stored or hosted or published, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned, will act within a reasonable period of time and where applicable, work with user or owner of such information to disable such information that is in contravention of these Legal documents or any Indian Law(s) or any Rule(s) prescribed by Indian Government/Indian Authority. Further the Learnflix may preserve such information and associated records for such period as may be specified by Laws of India from time to time.
(g) When required by a lawful order that is in compliance with the Laws of India and other Jurisdictions, Company may provide information or any such assistance to Government agencies who are lawfully authorised for investigative, protective and cyber security activity. The information or any such assistance may be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any Law for the time being in force, on a request in writing by the Law enforcement agency stating clearly the purpose of seeking such information or any such assistance.
(h) Company and the User(s) would take all reasonable measures to secure the computer resource and information contained therein of Learnflix by following the reasonable security practices and procedures as prescribed by Laws of India from time to time.
(j) Company may develop, produce, distribute or employ technological means for the sole purpose of performing the acts of securing its computer resources and information contained therein; intellectual property rights (IPRs), etc. from illegal and unauthorized uses and cyber attacks. User(s) unconditionally and absolutely agree to use of such technological methods by Company and understand and agree that this would not be construed, either directly or indirectly, as violation of any of their rights, including privacy rights of the User(s) / Student(s).
6. Grievance or Nodal Officer
If the User (s) have any question, query, suggestion, complaint, grievance, etc. that he/she wish to share with us or report to us, then he/she is free to contact us 1800-100-7011 or write to us at email@example.com. The Grievance Officer will try to redress the complaints/grievances within one month from the date of receipt of complaint/grievance. Grievance/Complaints not reported in the manner specified in this clause would be rejected outrightly and no notice of the same shall be taken by the Company in any case whatsoever.
7. Intellectual Property Rights
All the intellectual property rights (IPR) in Learnflix shall belongs to the Company. Intellectual property rights in the content, user interface, text, designs, graphics, images, data, uploaded/available on Learnflix either belong to the Company or third parties who have licensed the content to the Company. Visiting/using/accessing Learnflix does not create any intellectual property in favor of the User(s).
Learnflix hereby permits the User (s) to use its IPRs for the sole and limited purpose for availing the services offered by it strictly as per the requirements of Legal documents or any other regulatory or Legal compliance of any jurisdiction, etc. The User/(s)is/are under all circumstances, strictly prohibited to use the IPRs in non-permitted purposes, which includes but not limited to copying, reproducing or transmitting the IPRs to any other person or device/medium that is presently known to/or will be known in future.
The User (s) acknowledges that all trademarks, copyrights, and other IPRs in and relating to the service are owned by Learnflix or its respective Owner(s) as the case may be. No one shall use any of the IPRs available on Learnflix, whether directly or indirectly and whether in original form or modified or derivative form, without the prior written permission of Learnflix / Respective Owner(s). The User(s) are expressly and specifically prohibited from making any commercial use or/and derivative use of the Learnflix and anything relating to it including its Legal documents.
Company holds an exclusive, absolute, valid and lawful Copyright over the Legal documents available on it. Any unauthorized copying, using, etc. of these Legal documents or any part thereof is strictly prohibited as per the provisions of Indian Copyright Act, 1957 and other IPRs related and other Laws of India and other jurisdictions. Company reserves the right to prosecute any offender in this regard.
8. Compliance with Applicable Laws
It is the sole responsibility of the User(s) to acquaint themselves with the applicable laws of various jurisdictions, including India. These applicable laws shall specifically include Import – Export Laws, Rules and Regulations of India and Trade Agreement(s) between India and Foreign Countries. The accessibility of Learnflix in jurisdiction outside the legal / contractual capacity for selling / exporting / licensing its products / services shall in no situation be implied as an offer from Company to that effect.
User(s) are responsible for obeying applicable Laws of India and other jurisdictions, while accessing / availing services of the Learnflix. User(s) shall undertake and agree to indemnify the Company against any claims, expenses or liabilities suffered by the Company or claimed against the Company by any person or entity arising out of User(s) non-compliance with applicable Laws of various jurisdictions, including India.
9. Account Creation and Maintenance
User(s) may only have one account of Learnflix, which must be opened by providing correct, true and up to date information about the informant and account holder. User(s) shall not use the Learnflix through another User(s)’s account. The User(s) can access the paid content only on 1 (one) device at one point in time i.e., only one session for one user id will work at one point in time. If any User(s) fails to comply with this condition, Learnflix shall be entitled to cancel his/her account immediately and will bar him/her from using Learnflix in future.
10. Account Confidentiality and Integrity
It is the sole and absolute responsibility of the User(s) to maintain the confidentiality, secrecy and integrity of his/her account. The sharing or common use of the password of the account concerned with any other User (s) is strictly prohibited by Learnflix. The Company is also not responsible if any User(s)’s account has been compromised and misused due to hacking/cracking and phishing activities by third parties. The User(s) is solely responsible if his/her password is used/misused and the account is illegally and unauthorizedly accessed after the password has been hacked/cracked or obtained through phishing methods. User(s) will be solely responsible and liable for the activities on the Learnflix made from their Accounts.
11. Crime and Cyber Crime reporting by User(s)
The User(s) is under an absolute obligation to inform the Company about any unauthorized access / Cyber Crime / Cyber contravention involving their accounts. If the User(s) fails to inform Company within 48 hours of the commission of such unauthorized access / Cyber Crime / Cyber contravention, Company shall not be under any obligation to extend any sort of assistance to the User(s). The User(s) / alone is responsible to investigate, prosecute and file necessary legal actions and proceedings against the Cyber criminals and other offenders and Company shall in no case be responsible to share the financial and investigation burdens of the User(s). Company will, however, endeavor to support User(s) in investigating such instances of Cyber Crime, if any, to the best of its ability.
12. Objectionable Contents Policy
The User(s) admit, agree and accept that they may be exposed to content posted by other persons which they may find offensive, unacceptable, obnoxious or indecent and that the Learnflix may not be able to prevent such content being posted or prescreened. Such content should be brought to notice of the Learnflix and the Grievance / Nodal Officer appointed by Learnflix. The Learnflix act upon such information as it deems proper in accordance with Legal documents and its policies. The decision taken by Learnflix and its Management in this regard shall be final and binding on the User(s) and the User(s) specifically agree that Learnflix will not incur any liability under any circumstance whatsoever regarding the same.
13. Online Banking Transactions and Payment rules
It is the sole responsibility of the User(s) to manage the Online Banking and financial transactions and payments regarding the Learnflix. The User(s) is solely responsible to acquaint and comply with all applicable laws of India, including those pertaining to online payments and transfer of funds through online and offline methods and Learnflix shall in no way be responsible for any loss caused to the end users during any banking transactions related to the use/ access of the Learnflix. The User(s) have to be sure that they are complying with the requirements and regulations as framed by Reserve Bank of India (RBI) from time to time. Any online monetary transaction in violation of the rules and regulations prescribed by the RBI and other applicable Laws of India shall be solely attributable to the concerned User(s) and Learnflix shall not be held liable in this regard.
User(s) understand and acknowledge the fact that Learnflix is neither a bank nor a financial institution and that the purchases/balance, if any, standing to the credit in User(s)’s account does not accumulate any interest. User(s) also understand and agree that his/her account maintained with Learnflix is purely for the purpose of availing the services made available on it. User(s) shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer his / her account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Learnflix or by using any Services.
User(s) using Learnflix and its services may be required to send/receive money to/from Learnflix. This process necessarily involves use of third-party electronic payment processors or service providers (ESPs). To facilitate the same, User(s) unambiguously and permanently allow and authorize Learnflix to instruct such ESPs to handle User(s) monetary transactions vis-à-vis dealings of Learnflix
User(s) also agree that in accordance with their requests as abovementioned, Learnflix may give such instructions on their behalf. User(s) agree to acquaint themselves with the terms and conditions of use of each appropriate ESP. In the event of conflict between these Legal documents and the ESP’s terms and conditions, these Legal documents shall prevail.
14. Impersonation and unauthorized dealings prohibited
Learnflix does not tolerate illegal and unauthorized activities on or against it by either User(s) or unrelated third parties. User(s) are absolutely prohibited from impersonating another person or user or deal in any other manner that is prohibited by the Laws of India and other jurisdictions. If Learnflix have reasonable grounds to believe that a User(s) has indulged in any prohibited activities or has committed any Crime or Cyber Crime, Learnflix may in its sole discretion, but without any Legal obligation to do so, initiate appropriate Legal proceedings against the offender as well as notify the same to any regulatory or Law enforcement agency of India or foreign jurisdiction. Learnflix may also suspend or terminate User(s)’s account at and other privileges for the use of the Learnflix.
Learnflix may organize various scholarship or educational quiz / competition / tournaments from time to time as per its policies and Legal documents. User(s) who would win such quiz / competition / tournaments may be offered gifts and items that may belong to third party vendors and companies. Learnflix has no affiliation or partnership with these third-party vendors and companies and all the rights and obligations vis-à-vis these third party gifts will exclusively be governed by the terms and conditions mentioned by these third party vendors and companies. Any dispute or grievance between the User(s) must be addressed to these third-party vendors and companies alone and not to Learnflix.
16. Waiver and Severability
Learnflix have the absolute discretion to exercise its rights against User(s)in such manner and at such time as Learnflix may deem appropriate. The inaction or delay on the part of Learnflix to act or exercise any right or remedy with respect to a breach of any of these terms and conditions or Legal documents by User(s) shall not be deemed to be a surrender or waiver of Learnflix rights to act with respect to any prior, concurrent, subsequent or similar breaches. If any Judicial or Quasi-Judicial body/authority in India declares any of these terms or conditions to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining terms and conditions will not be affected. Any such inappropriate term or conditions will be replaced by Learnflix with another term that is valid and enforceable and is in most nearly with effect to the original invalid term. User(s) shall not object to such replacement of terms and conditions by Learnflix for any reason whatsoever.
17. Warranty Disclaimers
Learnflix disclaims any and all warranties, expressed or implied, in connection with its, hardware, software, E-Books, digital contents, course materials, etc. all of which are provided to the user on an “As Is” basis. User(s)access and use the Learnflix and its Services at his/her own and sole risk. Learnflix explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
18. Applicable Law and Dispute Resolution
The use of the Learnflix, its services, offers, promotions, etc. is governed by the Laws of India alone, without regard to its conflict of laws provisions. All disputes, claims, complaints, grievances, etc. shall be resolved through a sole Arbitrator/Arbitration Institution to be appointed by the Company as per the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time) and the decision of the Arbitrator shall be final and binding upon all the parties to the disputes, claims, complaints, grievances, etc.
For the purpose of this clause, the term Arbitrator shall mean and include Online Arbitration Forum / Institution and the Company may use any Online Dispute Resolution (ODR) service provider, whether Indian or foreign, in this regard in its sole discretion. User(s) absolutely and unconditionally agree that they would agree to the terms and conditions of such ODR service provider for resolving disputes arising out of use of Services of Learnflix.
19. Court’s Jurisdiction
Only the Courts of Delhi shall have the exclusive jurisdiction to entertain any disputes, claims, complaints, grievances, etc. arising out of the use of the Learnflix, its services, offers, promotions, etc.