The following terms and conditions, along with all other terms and legal notices located on www.learnercircles.com (collectively, "Terms"), govern your use of www.learnercircles.com (the "Website"). The Website is owned and operated by Learner Circles Private Limited (hereinafter referred to as “Company”).
These Terms are binding upon you and your heirs, representatives, successors and assigns, as may be applicable. The headings of the several articles and subdivisions of these Terms are inserted solely for the convenience of reference and shall have no further meaning, force or effect.
Additionally, basis services chosen, certain product specific conditions may apply.
You represent and warrant that:
On registration you agree to:
The Platform is made available for use to help students get details, discover & research on school, colleges, courses and circles of their interest and for allied services related thereto. Platform also helps connect school/colleges/educational institutes/coaching centres etc. with prospective students who may be of interest to them. Education Destination section of Platform also assists students in completing and submitting their applications to local and overseas universities. (“Purpose”).
The Platform (including the Platform and related products) or Service or Product that you subscribe to or use (whether the same is paid for by you or not) is meant for the Purpose and only your exclusive use. Copying or downloading or recreating or sharing passwords or 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 Company 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 copying or misusing or transmitting, scraping or crawling any data or photographs or graphics or any information available on the Platform or Service of Product for any purpose other than that being a bonafide purpose, we reserve the right to take such action that we deem fit including stopping access and claiming damages.
Accuracy and correctness of the information provided by You:
Security of Log in credentials and Responsibility of content/activities:
The Platform and the services and products offered via the Platform are meant for only for legitimate and lawful uses which fall within the scope of the Purpose and are meant only for your exclusive use. The Company 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:
We use our best endeavours to ensure that:
We explicitly disclaim, and will not accept any responsibility for any of the following in respect of the sites that we link to:
Terms of conditions specific for educational institutions/schools /colleges etc. (as applicable):
Platform and the educational institutions etc. (as applicable) would act as independent controllers in their respective capacity. For more details please visit the data protection amendment
Payments for the services offered by the Platform shall be on a 100% advance basis. 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 Company.
User hereby irrevocably accepts to receive the tax invoice as soft copy through emails.
Notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the Company (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 the Company
The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts.
The User acknowledges and agrees that Company/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 Company under any other agreement or commercial relationship towards other products/services. The Company 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.
The User or customer shall be required to promptly provide copy of TDS certificate to the Company as mandated under law for tax deducted at source from the payments made to the Company. Any loss on account of not availing or disallowance of such TDS credit in view of any lapse as per this clause or as required under applicable law on the part of User or customer shall entitle the company to seek reimbursement or indemnification
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 Company.
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 Company 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 Company 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
The Company expressly disclaims warranties of any kind for any use of or any access to the Platform, to any material, information, links, or content presented on the web pages at the Platform, to any external website linked thereto, and to any external material, information, links, or content linked thereto. The Platform, and any material, information, links, and content presented on the web pages at the Platform, as well as any external website and any external material, information, links, and content linked thereto, are provided on an "as is" basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or non-infringement. The Company has no control over any external website or over any external material, information, links, and content linked to the Platform. Certain jurisdictions do not permit the exclusion of implied warranties and the foregoing exclusions of implied warranties may not apply to you. The Platform and its internal web pages may be unavailable for online access from time to time and at anytime; there are no guarantees and no warranties of online availability, impressions, and click throughs. The entire risk as to the performance of, or non-performance of, or arising out of the use of, or the access of, or the lack of access to the Platform, to any material, information, links, or content presented on the web pages at the Platform, to any external website linked thereto, or to any external material, information, links, or content linked thereto, is borne by the user, visitor, customer, or other person.
Platform is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
Company shall not be responsible for any errors or an omission contained on any Company website, and reserves the right to make changes anytime without notice. Mention of non-Learner Circles Private Limited products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Company. All Company and third-party information provided on any Company Platform is provided on an "as is" basis.
Views expressed by the users are their own; Learner Circles 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 report abuse
This Platform could include unintended inaccuracies or typographical errors. Company 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 Company 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 Company. The statements expressed on external linked websites are not those of Company; and users are advised that Company 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. Company has no control over any external website or over any external material, information, links, and content linked to the Platform
Nothing on any Company website shall be construed as conferring any license under any of Learner Circles Private Limited's or any third party's intellectual property rights, whether by estoppels, implication, or otherwise.
'LEARNER CIRCLES PRIVATE LIMITED' DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY 'LEARNER CIRCLES PRIVATE LIMITED' PLATFORM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
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 Company 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. Company reserves the right to accept or to reject any advertising sponsor or any advertising for any reason.
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 Company does not claim to offer any advice, either legal or financial. Company 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 COMPANY ON "AS IS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FROM THE COMPANY, INCLUDING WITHOUT LIMITATION NO WARRANTIES AS TO THE NATURE AND QUANTUM OF RESPONSES TO ANY BANNER OR LISTING DISPLAYED ON THE PLATFORM.
YOU HAVE SOLE RESPONSIBILITY FOR USE OF THE PRODUCTS/SERVICES YOU PURCHASE THROUGH THIS PLATFORM. IN NO EVENT SHALL LEARNERCIRCLES.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 COMPANY FOR THE APPLICABLE PRODUCT/SERVICE
In no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall Company 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 Company (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 Company.
YOU ARE REQUIRED TO PROVIDE TRUE & CORRECT INFORMATION AS REQUIRED UNDER TAX LAWS, INCLUDING BUT NOT LIMITED TO SEZ UNIT OR USAGE THEREIN & IEIL SHALL BE ENTITLED TO CONSIDER ANY INFORMATION AVAILABLE AS PER ITS RECORDS TO BE CORRECT & TRUE & 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 COMPANY. THE COMPANY 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.
If any dispute arises between a user/users and Company arising out of use of the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be New Delhi, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.
The Company will not be party to any legal proceedings between a User (e.g. a subscriber) and a party contacted through the site. In case Company is made a party in any legal proceedings, costs will be recovered from the party on whose behest the Company is involved in the matter, to which it otherwise has no control. Company however will abide with any court order served on it through due process.
You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries, while consuming the information and the services as available through the Platform.
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 Noida, UP, India.
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 provisions 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.
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.
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.
In line with General Data Protection Regulation, the below mentioned obligations are drafted which will be applicable on both the parties
For the purposes of the clauses:
Note: The terms “data exporter” and “data importers” are strictly for use within the context of this amendment which should be interpreted only as defined above, and do not carry the same meaning as defined under any other regulations.
The data exporter warrants and undertakes that:
The data importer warrants and undertakes that:
It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
These clauses shall be governed by the law of the country in which the data exporter is established.
In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.
a. The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.
b. Each party shall abide by a decision of a competent court of the data exporter’s country of establishment or of the authority which is final and against which no further appeal is possible.
In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.
a. In the event that:
the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to paragraph (a);
compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;
the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;
a final decision against which no further appeal is possible of a competent court of the data exporter’s country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or
a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs
b. Either party may terminate these clauses if (i) any Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC (or any superseding text) is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the data importer, or (ii) Directive 95/46/EC (or any superseding text) becomes directly applicable in such country.
c. The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause VI(c)) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred. Description of the Transfer
YOU MAY CONTACT US BY APPROACHING US AT firstname.lastname@example.org