Terms and Conditions
The following terms and conditions, along with all other terms and legal notices located on www.likhaedu.com (collectively, “Terms”), govern the use of www.likhaedu.com (the “Website”). The Website is owned and operated by Likha Learning Solutions Private Limited (hereinafter referred to as “Institute”).
These Terms are binding upon You and Your heirs, representatives, successors and assigns, as may be applicable.
Table of contents:
- USE TO BE IN CONFORMITY WITH THE PURPOSE
- USE OF PLATFORM
- RESTRICTION REGARDING MATERIALS
- DISCLAIMER FOR WEBSITES THAT WE LINK TO
- PAYMENT TERMS
- DISCLAIMER OF WARRANTY
- CONTENT AND LIABILITY DISCLAIMER
- LICENSE DISCLAIMER
- DISCLAIMER OF ONLINE AVAILABILITY, IMPRESSIONS, AND CLICK-THROUGH
- PURCHASING AND ORDERING DISCLAIMER
- YOUR RESPONSIBILITY AND DAMAGE LIMITS
- LIMITATION OF LIABILITY
- AMENDMENT TO THESE TERMS
- DISPUTE SETTLEMENT
- LOCAL LAWS
- GOVERNING LAW AND JURISDICTION
- ENTIRE AGREEMENT
- ASSIGNMENT AND DELEGATION
- AVAILABILITY OF SERVICES
- DATA PROTECTION AMENDMENT
- HOW YOU MAY CONTACT US
You hereby represent and warrant that:
- You are competent to enter into a valid binding contract as per the applicable laws. By accessing or using the Platform You represent and warrant that You fulfil the requirement of minimum age and have the legal capacity and authority to enter into a contract as per the applicable laws.
You are not under any legal or other disability which limits Your ability to comply with these Terms or to install and use the products You purchase with minimal risk of harm to You or others. You further represent that You are not purchasing the products/services for resale to others and will not do so without the Institute’s prior written consent.
- You are eligible to conduct the purpose “hereinafter defined” lawfully
On registration You agree to:
- Make Your contact details available to partners/business associates of the Platform and to be contacted by Platform or its partners for additional information and registration process through email, telephone and SMS.
- Receive promotional mails/special offers from Platform or any of its partner websites/applications.
- Be contacted by Likha Learning Solutions Private Limited in accordance with the terms mutually agreed.
The Platform is made available for use to help students get details, discover & research on various courses and exams of their interest and for allied services related thereto. (“Purpose”).
Use to be in conformity with the Purpose
The Platform (including the Platform and related products is meant for the Purpose and only Your exclusive use. Copying, downloading, recreating, sharing passwords, sublicensing or sharing in any manner which is not in accordance with these terms, is a misuse of the Platform or Service or Product and Institute reserves its rights to act in such manner as to protect its loss of revenue or reputation or claim damages including stopping Your service or access and reporting to relevant authorities. In the event You are found to be committing misuse of the Platform or Service or Product, the Institute reserves the right to take such action that it deems fit and proper, including stopping access and claiming damages.
- Accuracy and correctness of the information provided by You:
- The obligation is cast upon You to only provide true and correct information while using the website and allied services and products and in the case of creating a profile You undertake to keep the information up to date at all times.
- We reserve the right to remove or suspend any content or profile providing incorrect, incomplete or outdated information or impersonating someone else.
- Your contact details are to be maintained up-to-date and any wrong and false details will prevent us from contacting You and can be a cause for termination of services.
- Security of Log in credentials and Responsibility of content/activities:
- The safety and security of Your log in credentials that has been registered with us is Your responsibility and is not to be shared with anyone.
- You are fully responsible for all activities that occur under the account and any other actions taken in connection with the Platform. It is presumed that all activity happening through a user’s account on the Platform are being done after having obtained proper authorizations and all lawful permissions as may be applicable.
- The Platform may contain links to third party websites/apps, these links are provided solely as convenience to You and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same, if You choose to access these websites/apps You do so at Your own risk.
Use of the Platform
- The Platform and the services and products offered via the Platform are meant only for legitimate and lawful uses which fall within the scope of the Purpose and are meant only for Your exclusive use. The Institute has the sole and absolute right to determine whether a specific type of action or use falls within the scope of the Purpose or not.
- The following actions will inter alia constitute a misuse of the Platform and are strictly prohibited:
- Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, photographs and/or graphics, available on the Platform and/or any services or products of the Institute, in any manner or for any purpose which is not, consistent with the Purpose and/or in accordance with these Terms. You are expressly prohibited from using or exploiting the Platform and/or any content or data provided therein for: (a) any commercial purposes without prior written consent of the Institute; and/or (b) undertaking any business activity which is in competition with the business of the Institute;
- Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content from the Platform;
- Modifying Platform services or their appearance using any technology or overlay any additional offering on top of Platform services or simulate Platform services or its functions in any manner whatsoever without explicit consent from the Institute.
- Gaining or attempting to gain unauthorized access (inter alia by hacking, password mining or any other means) to: (a) any portion or feature of the Platform or any of the services or products offered on or through the Platform which are not intended for You; (b) any server, Platform, program or computer systems of the Institute or any other third parties and/or Users;
- Accessing the Platform through interfaces other than those expressly provided by Institute;
- Attempting to breach or breaching any security or authentication measures set up by the Institute in relation to the Platform and/or attempting to probe, scan or test the vulnerability of the Institute’s system or network;
- Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from the Platform (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the Institute;
- Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
- Circumventing or attempting to circumvent any technological protections used or employed by the Institute or by any third party in order to protect the content on the Platform and/or to exclude robots, spiders etc. from crawling and /or scraping content from the Platform.
- Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Platform or any computer networks connected to the Platform, by any other User;
- Impersonating any other person or entity, or making any misrepresentation as to Your employment by or affiliation with any person or entity;
- Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
- Stalking, threatening, or in any manner harassing any other User;
- Imposing an unreasonable or disproportionately large load on the Platform infrastructure;
- Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform (or any part thereof) and providing deeplinks into this Platform (or any part thereof) without prior permission of Institute;
- Spamming the Platform/ Institute or any other Users including by uploading, posting, emailing, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
- Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
- Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;
- Belongs to another person and to which You have no right;
- Infringes, breaches or otherwise contravenes the rights of the Institute or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
- Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of the Platform, or any other computer system or resource;
- Is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
- Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
- That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- That harms minors in any way;
- That 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 cognisable offence or prevents investigation of any offence or is insulting to any other nation.
Restrictions Regarding Materials
- All information, documents, software, images, photographs, text, services and other similar materials (collectively, “Materials”) contained in this Platform if provided by Institute or its third-party authors, developers and vendors (“Third Party Providers”) and are capable of being so protected are the copyrighted work of Institute and/or the Third-Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Institute or the Third-Party Provider. No part of the Platform, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Institute. You also may not, without prior express written permission of Likha Learning Solutions Private Limited, mirror any Materials contained on this Platform on any other server.
- Nothing on this Platform shall be construed as conferring any license under any of Likha Learning Solutions Private Limited’s or any Third-Party Provider’s intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
- Permission is granted to display, copy, distribute and download Likha Learning Solutions Private Limited’s Materials on this Platform provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if You breach any of these Terms. Upon termination, You will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Platform may violate copyright laws, trademark laws, and other related laws and may have various legal consequences.
- Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Institute. The Platform does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Institute. Institute is committed to respecting others’ intellectual property rights, and we ask our users to do the same. Institute (hereinafter referred to as “We”) may, in its sole discretion, terminate or restrict the access rights of users who infringe or otherwise violate others’ intellectual property rights
Disclaimer for websites that we link to
We use our best endeavours to ensure that:
- the websites/apps we select for inclusion in the Platform work, and continue to work properly;
- their content remains acceptable and useful; and
- their operation will not be injurious to our users’ devices.
We explicitly disclaim, and will not accept any responsibility for any of the following in respect of the sites that we link to:
- Infection by computer viruses
- Damage caused by downloaded software
- Technical problems, failures and speed of operation
- Libellous or illegal material
- The quality or truth of any material, or advice that is offered
YOU ARE REQUESTED TO HONOUR YOUR PAYMENT OBLIGATIONS TO THE INSTITUTE.
Payments for the services offered by the Platform shall be on a 100% advance basis. The mode of payment and instalments, if any shall be at the discretion of the Institute. The payment for service once subscribed to by you is not refundable and any amount paid shall stand appropriated. Refund, if any, will be at the sole discretion of the Institute.
The Institute offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts.
The User acknowledges and agrees that Institute /Platform, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount excess paid by a subscriber/user against any amount(s) payable by User to Institute under any other agreement or commercial relationship towards other products/services. The Institute gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only.
Users, buying the products online are redirected to third party gateways for completing payment transactions. These transactions happen on third party network and hence not controlled by Institute.
A User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and Institute assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line
The Institute shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise
Content and liability disclaimer
Platform is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
Institute shall not be responsible for any errors or omissions contained on any Institute website, and reserves the right to make changes anytime without notice. Mention of Likha Learning Solutions Private Limited products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Institute. All Institute and third-party information provided on any Institute Platform is provided on an “as is” basis.
Views expressed by the users are their own, Likha Learning Solutions Private Limited does not endorse the same. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading. In case any inaccuracy is or otherwise improper content is sighted on the Platform, please report it to the Institute.
This Platform could include unintended inaccuracies or typographical errors. Institute and the third-party providers may make improvements and/or changes in the products, services, programs, and prices described in this Platform at any time without notice. Changes are periodically made to the Platform.
The material, information, links, and content presented on and by this Platform is of a general nature only and is not intended to address the specific circumstances, requirements, or any other needs of any particular individual or entity. It cannot be guaranteed that the material, information, links, and content presented on and by this Platform is comprehensive, complete, accurate, sufficient, timely, or up to date for any particular purpose or use. The material, information, links, and content presented on and by this Platform should not be considered as professional, legal, business, financial, investment, or purchasing advice (if You need specific advice, You should always consult a suitably qualified professional). This Platform is sometimes linked to external Platforms over which Institute has no control and assume no responsibility, and are in no way acting as a publisher of material, information, links, and content contained on external linked websites. Links may become invalid, may expire, or may become misdirected at any time. Links are provided as a convenience and do not necessarily constitute, signify, or otherwise imply an endorsement by, or an endorsement for, or a relationship with, or connection to Institute The statements expressed on external linked websites are not those of Institute; and users are advised that Institute does not maintain editorial control over external linked websites or determine the appropriateness regarding the material, information, links, and content contained on external linked websites. Institute has no control over any external website or over any external material, information, links, and content linked to the Platform
Nothing on any Institute website shall be construed as conferring any license under any of Likha Learning Solutions Private Limited’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.
‘LIKHA LEARNING SOLUTIONS PRIVATE LIMITED’ DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY ‘LIKHA LEARNING SOLUTIONS PRIVATE LIMITED’ PLATFORM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Disclaimer of online availability, impressions, and click-through
In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of the Website, its web pages, the Application and any material, information, links, or content presented on the web pages that may be accessible through the Platform. Platform reserves the right although it is under no obligation to ensure that advertising sponsors and advertising must be approved by Institute before the posting of any advertising material, information, links, content, banners, and graphics on the Platform, however, the same may be reported by contacting us. Any advertising should be related to interactive digital television and related subject areas. Institute reserves the right to accept or to reject any advertising sponsor or any advertising for any reason.
Purchasing and Ordering Disclaimer
Make Your own decisions:
If You are making or planning to make any decision, whether personal or business decisions, based on the content on the site, You should conduct an independent verification before making Your important decision. In the case of any listings or banners displaying any content related to any educational products, You may contact the institution/individual directly. All decisions made would be entirely Your prerogative and Institute does not claim to offer any advice, either legal or financial. Institute doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its Platform by its customers, which are strictly in the nature of sale of space by Platform & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings.
READ THESE TERMS. IN PURCHASING/SUBSCRIBING TO A PRODUCT/SERVICE OFFERED ON THIS PLATFORM YOU ARE ADVISED TO READ THESE TERMS CAREFULLY BEFORE PROCEEDING FURTHER. YOU HEREBY UNDERSTAND AND AGREE TO THE TERMS BELOW. IF YOU DO NOT UNDERSTAND AND AGREE WITH THESE TERMS THEN DO NOT PLACE AN ORDER FOR A PRODUCT/SERVICE.
PRICING. ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURATE PRICING OF THE PRODUCTS/SERVICES FEATURED ON OUR PLATFORM. IN THE EVENT A PART OR ACCESSORY IS ORDERED AND THE LISTED PRICE HAS CHANGED, YOU WILL BE NOTIFIED PRIOR TO OUR PROCESSING YOUR ORDER.
PURCHASE “AS IS.” ALL PRODUCTS/SERVICES ARE PROVIDED BY THE INSTITUTE ON “AS IS” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FROM THE INSTITUTE, INCLUDING WITHOUT LIMITATION NO WARRANTIES AS TO THE NATURE AND QUANTUM OF RESPONSES TO ANY BANNER OR LISTING DISPLAYED ON THE PLATFORM.
Your responsibility; damage limits.
YOU HAVE SOLE RESPONSIBILITY FOR USE OF THE PRODUCTS/SERVICES YOU PURCHASE THROUGH THIS PLATFORM. IN NO EVENT SHALL www.likhaedu.com BE LIABLE TO YOU IN RELATION TO THE PRODUCTS/SERVICES, OR YOUR USE, MISUSE OR INABILITY TO USE THE PRODUCTS, FOR ANY (1) INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE); OR (2) DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU PAID THE INSTITUTE FOR THE APPLICABLE PRODUCT/SERVICE.
Limitation of liability
In no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall Institute be liable, without limitation, for any damages whatsoever, including direct, indirect, incidental, consequential or punitive damages, arising out of any access to or any use of or any inability to access or use this Platform including any material, information, links, and content accessed through this Platform or through any linked external website/application.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the Institute (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon Institute.
YOU ARE REQUIRED TO PROVIDE TRUE AND CORRECT INFORMATION AS REQUIRED UNDER TAX LAWS, INCLUDING BUT NOT LIMITED TO SEZ UNIT OR USAGE THEREIN AND LIKHA LEARNING SOLUTIONS PRIVATE LIMITED SHALL BE ENTITLED TO CONSIDER ANY INFORMATION AVAILABLE AS PER ITS RECORDS TO BE CORRECT AND DISCHARGE ITS TAX OBLIGATIONS ACCORDINGLY. IN CASE OF ANY DISCREPANCY OR CHANGE, THE USER IS REQUIRED TO PROMPTLY INTIMATE THE CORRECT OR UPDATED PARTICULARS TO THE INSTITUTE. THE INSTITUTE SHALL BE ENTITLED TO SEEK INDEMNIFICATION FROM USERS IF IT IS REQUIRED TO PAY ANY TAX, DUTY, FEE, INTEREST OR PENALTY IN VIEW OF INCORRECT OR INCOMPLETE INFORMATION OR DATA FURNISHED BY USER OR NOT GOT RECTIFIED/ UPDATED BY USER TIMELY.
Amendment to these Terms
COMPANY RESERVES ITS RIGHT TO AMEND / ALTER OR CHANGE ALL OR ANY DISCLAIMERS OR TERM(S) OR CONDITION(S) OF AGREEMENTS AT ANY TIME WITHOUT ANY PRIOR NOTICE.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms shall be a court of law located in Kochi, Kerala.
No advertisements, catalogues or other publications or statements, whether written or oral, regarding the performance of the Platform permitted under these Terms shall form part of these Terms.
If any provision of these Terms are held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.
Assignment and Delegation
You may not assign or delegate Your rights under these Terms or the limited license that has been extended to You, and any assignment and/or delegation of these Terms or any sub licensing by You will be null and void, if case any case of this nature is brought to our notice in addition to any other remedies that we may have under the law, we reserve our rights to claim damages and seek an injunction against You.
Availability of Services
Services are provided on a best-efforts basis on an AS IS and AS AVAILABLE basis, all is on a best-efforts basis, however, there are no server uptime guarantees.
Any regulations, guidelines, legislations or lawful orders of a court or a quasi-judicial body may require us to change, alter or stop our services. Similarly, any force majeure events which are beyond our reasonable control, may cause an interruption in the services.