Effective date: August 17, 2019

These terms and Conditions (“Terms”, “Terms and Conditions”) govern User’s relationship with Lernio mobile application (“Service”) operated by Lernio Edutech Pvt. Ltd., hereinafter referred to as “Lernio/app”, which includes its affiliates, its subsidiaries or its successors in interest. 

User’s access to and use of the Service is conditioned on User’s acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service User agrees to be bound by these Terms. If User disagrees with any part of the Terms then the User shall refrain from accessing the Service.

PARTIES TO THE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “User/Users,” are parties to this agreement. If User is accessing and/or using the Platform on behalf of User’s employer or as a consultant or agent of a third party, User shall represent and warrant that User has the authority to act on behalf of and bind the School to the terms of use and everywhere in this Terms of use that refers to User, shall also include User’s school.

Lernio together with its subsidiaries is the creator of this Platform and accordingly its owners and/or operators are parties to this Agreement.

SCOPE OF SERVICES

Lernio shall provide Service to the User which shall include the license to use and access to the Lernio SaaS mobile application. This Service shall include but may not be limited to the following:

1. Posting Content (information, text, graphics, pictures, videos, or any such other material) by the School and its staff which includes photo and video sharing by tagging students in such a manner that it automatically gets saved to the School’s account (within Lernio servers) and shared with parents;
2. Online School Fee Payment which will enable paperless and easy receipts;
3. Attendance information which will enable parents to keep track of their child’s attendance record;
4. School Calendar containing information about the upcoming events of the School;
5. Alerts, Updates, Notices, etc. to be shared with parents by the School;

The service also provides a web portal of the app for access and management of the service.

CONTENT

The Service allows Users to post, link, store, share and otherwise make available certain information, text, graphics, or other material (“Content/User Submission”). Users are responsible for the content Users post on or through the Service, including its legality, reliability and appropriateness.

By posting Content to the Service, User grants Lernio the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such content on and through the Service. Users retain any and all of User’s rights to any Content User submit, post or display on or through the Service. Users agree that this license includes the right for Lernio to make User’s content available to other Users of the Service, who may use User’s Content provided User’s Content is public.

PRIVACY POLICY

Lernio takes the privacy of its Users and the content furnished by the User on the app very seriously.  For the current Lernio Privacy Policy, please click here.

USER’S OBLIGATIONS

When User creates an account with Lernio, User must provide Lernio information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of User’s account on the app.

Users must protect the security of User’s account and User’s password. User must notify Lernio immediately upon becoming aware of any breach of security or unauthorised use of User’s account.

User will only use the Service for User’s own internal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all applicable laws.

Additionally, User represents, warrants, and agrees that User will not contribute any Content/User Submission or otherwise use the Service in a manner that:

1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Lernio Edutech Pvt. Ltd.);
2. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
3. Jeopardizes the security of User’s Lernio account or anyone else’s;
4. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
5. Violates the security of any computer network, or cracks any passwords or security encryption codes;
6. Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while Users are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
7. Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
8. Copies or stores any significant portion of the Content;
9. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of User’s right to use or access the Service.  

ACCOUNT SUSPENSION AND TERMINATION

Lernio reserves the right to suspend or terminate accounts associated with Users who engage in any of the prohibited activities described above or in any manner that otherwise violates Lernio Terms or other policies. In addition, Lernio reserves the right to terminate any account at any time for any reason without notice to the User.  

Upon termination, User’s right to use the Service will immediately cease. If User wishes to terminate User’s account, User may simply discontinue using the Service.

INTELLECTUAL PROPERTY RIGHTS

The Service and its original Content (excluding Content provided by Users), features and functionality are and will remain the exclusive property of Lernio and its affiliates. The Service is protected by copyright, trademark and other laws of both India and Foreign Countries. Lernio’s trademarks and trade adress may not be used in connection with any product or Service without the prior written consent of Lernio.

LINK TO OTHER WEBSITES

The Service may contain links to third party websites or Services that are not owned or controlled by Lernio.

Lernio has no control over, and assumes no responsibility for, the Content, Privacy Policies, or practices of any third party websites or services. Users further acknowledge and agree that Lernio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

Lernio strongly advises Users to read the terms and conditions and privacy policies of any third-party web sites or services that the Users visit.

LIMITATION OF LIABILITY

User understands and agrees that Lernio shall not be liable to the User for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if propellum has been advised of the possibility of such damages), resulting from: (i) User’s access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of User’s content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Lernio has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

The Service provided hereunder, including third party hosted services, are provided on “AS IS” and “AS AVAILABLE” basis. Lernio Edutech Pvt. Ltd. disclaims all representations and warranties of any kind, express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, security, loss or corruption of User’s data.

Each party specifically disclaims responsibility of third party products and services which User may utilise and each party specifically disclaims and waives any rights and claims against the other party with respect to such third party products and services.

Lernio does not warrant that- a. the Service will meet Users requirements, or b. the defects in the Service will be corrected, or c. the Service will function uninterrupted, secure or available at any particular time or location, or d. the Service is free of viruses or other harmful components.

INDEMNITY

User agrees to indemnify and hold Lernio and its affiliates harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses arising from or in any way related to any third party claims relating to (a) User’s use of the Services (including any actions taken by a third party using User’s account), and (b) User’s violation of these Terms.  In the event of such a claim or suit (“Claim”), Lernio will attempt to provide notice of the Claim to the contact information Lernio has for User’s account (provided that failure to deliver such notice shall not eliminate or reduce User’s indemnification obligations hereunder).

CHOICE OF LAW/ FORUM

The Terms of Use and the relationship between User and Lernio shall be governed by the laws of India without regard to its conflict of law and provisions. Any cause of action or claim that the User may have with respect to the Service or the Platform must be commenced within one (1) year after the claim or cause of action arises otherwise such claim or cause of action shall be deemed to be barred. Both the Parties shall mutually resolve all disputes and controversies of every kind and nature between the Parties hereto arising out of or in connection with this Agreement. In the event, such dispute is not mutually resolved, the Parties shall submit to arbitration and/or conciliation by a mutually appointed sole Arbitrator. Arbitration shall be conducted pursuant to the rules and regulations of Indian Arbitration and Conciliation Act 1996. Arbitration shall take place in English language and the seat of arbitration shall be at Lucknow, India. The appointed sole arbitrator should be fair and absolutely impartial. Any award rendered shall be final and binding on both Parties and can be enforced by either Party in any court of competent jurisdiction located in Lucknow, India. 

MISCELLANEOUS PROVISIONS

Lernio’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. User may not assign any of User’s rights in these Terms, and any such attempt is void, but Lernio may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. User agrees that no joint venture, partnership, employment, or agency relationship exists between User and Lernio as a result of these Terms of Use or User’s uses of the Platform and the Service. These Terms constitute the entire agreement between Lernio regarding the Service, and supersede and replace any prior agreements Lernio might have between both the parties regarding the Service.

MODIFICATIONS

Lernio reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Lernio will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Lernio’s sole discretion.

By continuing to access or use the Service after those revisions become effective, User agree to be bound by the revised terms. If the User does not agree to the new terms then the User must stop using the Service.

Contact Lernio

If Users have any questions about these Terms, please contact Lernio Edutech Pvt. Ltd at hello@lernio.in