Smart and Logical Learning Online Terms of Services
Effective April 4, 2016
Smart and Logical Learning respects your privacy as a visitor to its website and has developed the following Terms and Conditions to inform you about how Smart and Logical Learning handles your personal information after receiving it.
Terms and Conditions
1. Terms of Service
By choosing to visit the Platform and/or avail any Services provided by L.E.A.R.N. TRUST or SLLEARNING, you agree to be bound by these Terms. Please read the following information carefully. If you are a course creator and use the platform to create and share content or parent/guardian and you provide your consent for your child’s use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and do not subscribe to the services or courseware.
2. Description of Services
The TRUST and SLLEARNING facilitates technological support and Moodle based LMS and WordPress Based ERPs for schools and institutions. The concept is to create a Universal Social Educational Marketplace for virtual Learning.
3. User ID and Password
In order to access the TRUST’s Platform and its services, You may have to create an account and disclose information including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) birth date and year to validate the current age of the Child (iv) your email address to acquire the parental consent. You must be at least 18 years old to register on the Platform. If you are under 18 years old, you are not permitted to register on this site unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID and password (“Participant Account“) is for your exclusive use only. Use or sharing of your Participant Account with another user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the content provided by the TRUST and shall lead to termination of this Agreement without any notice.
You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify the TRUST if you become aware of or have reason to believe that there is any unauthorised use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorised use and to cooperate with the TRUST in any investigation of such unauthorised uses. The TRUST shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of your control or due to tour failure to maintain the confidentiality and security of your Participant Account.
4. Free Access
Free courses are offered to new members so that you get an opportunity to experience the services provided by us. Any free trial class provided by the Course Creators registered on the SLLEARNING platform,would be the sole discretion of the creator, SLLEARNING will have no say in that.
5. Licence to Use
The TRUST and the LMS or ERP PLATFORM - SLLEARNING hereby grants You and the Child, the limited, non-transferable, non-exclusive, and revocable license to access, view and use the Platform only for the purposes of accessing, viewing, posting or submitting user material, using the embedded link function, placing store orders or for accessing information, applications and services. TRUST and the LMS or ERP PLATFORM - SLLEARNING reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform.
This platform is limited to personal and non-commercial uses by You and your Child. Any rights not expressly granted to You herein are reserved to TRUST. You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the limited purpose mentioned above, without the TRUST’s prior written consent.
6. Intellectual Property Rights
You acknowledge that TRUST and the LMS or ERP PLATFORM - SLLEARNING is the sole and exclusive owner of the Platform, the services provided by the TRUST, the curriculum, and its content and as such the TRUST is vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Services, content and the curriculum.
The TRUST may from time-to-time upload videos, audios/ sound recordings, content and other materials on the website which shall be the exclusive property of the TRUST. You undertake not reproduce, transmit, retransmit, distribute, publish, post, share or make available the said videos, audios/ sound recordings, content and other materials or any part thereof which are available on the Platform in any manner whatsoever.
Additionally, the TRUST also retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Platform, including but not limited to all texts, graphics, photos, illustrations, apps and logos except the content, reading material, curriculum, tests and exercises made available to you from Smart and Logical Learning via sllearning.com, erp.sllearning.com and ierp.sllearning.com and all the subdomains under them . You shall not copy, download, publish, distribute or reproduce any of the information shared with you with respect to the course in any form without the prior written consent of the TRUST.
The TRUST retains all the rights in the curriculum, video recordings, sound/audio recordings, images, photos, pictures/ images clicked during the classes, lectures delivered by the TRUST’s tutors, text and other material posted on the Platform and shall be the sole owner of the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the classes/ lectures that are conducted by the TRUST (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain prior written approval from the TRUST. Any recordings, videos, sound/audio recordings, screen shots, pictures, images, material or content which is obtained in any manner without the prior written consent of the TRUST shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.
7. Use of the Platform by the Child
You expressly acknowledge and undertake that:
You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child
You grant your consent to the TRUST for your child to attend and participate in the classes, courses, tests, sessions and/or any other program conducted and/or organized by the TRUST on its Platform and in relation to the services provided by the TRUST. You undertake that the participation of the Child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.
8. Payment and Refund
The online classes, math games and other assignments are paid services and the payments made by You shall be according to the plans opted by You through the website and conversation with our official sales executive. You explicitly agree to pay the fees for the courses/ plans that you purchase, and you authorize the TRUST to charge you as per the applicable payment mode opted by you. All payments shall be through the payment mechanism put in place by the TRUST and You shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer and Wallet Payment. With reference to The payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on the Platform and the User agrees to be bound by those terms.
8. 1 Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing TRUST. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us. In case of refund of EMI transactions, User will be charged interest as per bank’s regulations.
8. 2 For a User who signs up for a periodic subscription automated by the payment gateways, once the periodic payment is automatically debited it will not be refunded. Any cancellation of the subscription should be done prior to the periodic bill date by the user or by writing an email to firstname.lastname@example.org with the reason for the cancellation prior to 30 days of next billing. The cancellations do not cover the convenience charges in any terms .
8. 4 The refund process may include a feedback call to you and validation of key information that may be required by us to process the refund request. It is a sole discretion of the TRUST to process or reject any kind of refund request. In case of any processed fee payment which is refunded We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our website.
9. Third Party Services
10. Third Party Permission
The TRUST has subscribed to various third-party service providers and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information. In the event of any dispute between the third party and you the TRUST shall not be held liable in any matter whatsoever.
11. User Content
The TRUST offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. The TRUST may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles. You warrant and represent that your content, and the content of any website from which You include a link to any site, or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:
11. 1 it is misleading in any way, and/or it gives a false impression as to its origins or approvals
11. 2 it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence
11. 3 it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by You
11. 4 it prejudices any active or pending legal proceedings of which You are aware
11. 5 it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers
11. 6 it infringes any intellectual property rights proprietary to the TRUST or any third party
11. 7 it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the TRUST or any third party, or to carry out or facilitate any fraudulent or dishonest transaction)
11. 8 it advertises or promotes any product or service or makes any requests for donations or financial support
11. 9 it is spam or junk content
11. 10 it impersonates another person or otherwise misrepresents your identity, affiliation or status
11. 11 it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
11. 12 it is in breach of these Terms and/or of any Additional Terms
The TRUST will not be held responsible or liable for any of the User content provided by You on the TRUST website. You must not attempt to avoid or undermine any protections that the TRUST may put in place for the security and operation of any website. You hereby explicitly consent and grant permission to the TRUST to record, make videos, audio/sound recordings, take screenshots during the classes/ lectures that are conducted by the TRUST on its Platform to the extent required to improve the services offered by the TRUST.
You and your child undertake to use the TRUST’s platform and intellectual property for only the purposes envisaged in the instant terms and shall not use the same for any unauthorized or unlawful purpose. Should you and your child use the TRUST’s platform or intellectual property with any third party’s intellectual property in any manner, then you and your child will be solely responsible to obtain all necessary permissions, authorizations and licenses from the said third party. In the event you and your child use the TRUST’s platform and intellectual property beyond the limited rights granted to you and your child under these terms, then you and your child shall be solely responsible for the same and shall indemnify the TRUST for all losses, claims and damages in this regard.
12. User Communication
You hereby explicitly consent to receive email, telephone, WhatsApp or text messages from Exploring Infinities Edtech Private Limited, for the purpose of providing alerts and information related to services. Reply ‘STOP’ on the same number to stop receiving any further SMS. Reply ‘HELP’ to get help. Standard data charges are applicable for SMS.
13. Rule of Conduction
Users must comply with the laws that apply to You in the location that You access TRUST’s Services from. If any laws applicable to You restrict or prohibit You from using Services of TRUST, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of TRUST. You promise that all the information You provide to TRUST on accessing and/or using the Services of TRUST is and shall remain true, accurate and complete at all times.
Notwithstanding any other provision of these Terms You agree and undertake not to:
Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
Create software which mimics any data or functionality in the Service;
Use or deal in the Service except as permitted by these Terms;
Include contact details intended to enable communication outside of the Service, in any Communication;
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and You expressly consent to TRUST’s monitoring your computer’s random access memory for the purpose of identifying said unauthorized third-party programs.
14. Limited Liability
You are held personally liable for any violation of a third party’s rights by You and your Child. You agree to reimburse TRUST for all damages resulting from the culpable non-observance of the obligations of these Terms. You release the TRUST from all eligible claims that other users or third parties may file against TRUST due to a violation of their rights by content posted by the user or due to a violation of other obligations. You shall assume the costs of TRUST legal defense, including all court and legal fees.
TRUST ensures that the information and the training facilitated by the tutors on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the tutors on the Platform.
You agree and understand that the TRUST does not statestates or claim any warranty for the quality of lectures delivered by the tutors listed on our Platform.
In no event shall the TRUST be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform.
The TRUST does not warrant that the operation of the Service will be uninterrupted or error-free. The TRUST will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of TRUST including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call TRUST or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.
Without limiting any other rights that TRUST may have, TRUST may remove, restrict, cancel or suspend classes and access to our courseware and access to the platform provided by the TRUST and any part of it, if TRUST considers (in the sole discretion of TRUST) that You have breached any of these Terms.
You may also terminate your agreement with the TRUST by ceasing to access the Platform, Classes, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the TRUST’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
18. Government Laws and Jurisdiction
Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto.
The Terms shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts in Hyderabad shall have exclusive jurisdiction.
19. Entire Agreement
Contact Smart and Logical Learning
You Can also email or postal mail on the following address:
Name: Smart and Logical Learning
E-mail id: email@example.com
Address: E 3, 801, Rohan Abhilasha, Wagholi, Pune - 412207, India.