Please read the following terms and conditions very carefully as your use of our services is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By accessing this website or application and using any of our services you agree that you have read, understood and are bound by the Terms.
These Terms are compliant with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediaries Rules”) thereunder, as amended from time to time
In these Terms, references to “you” shall mean the User, Student or the Tutor, “User” shall mean the end user accessing [www.learnq.ai] “Website”, and/or the web application, mobile application [LearnQ], “Student” shall mean the student accessing the Courses on the [www.learnq.ai] “Website”, and/or the web application [LearnQ] and “Tutor” shall mean the tutor offering their tutoring services on the Website and/or the web application[collectively referred to as “LQ Platform/Platform”] its contents and using the Services offered through the LQ Platform [“Services”]. “We”, “us” and “LQ”, “our” shall mean Learnq Labs Private Limited, its predecessors and successors in interest. “Student” and “Tutor” together shall be individually referred to as “Member” and collectively as “Members”.
We reserve the right to change the terms and conditions of these Terms from time to time except as required by law and it is your responsibility to look through them as often as possible.
The LQ Platform, and services may be software that is accessible through the internet or a software that is downloaded to your computer, phone, tablet, or other mobile device and you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000.
- How the Service Works
LearnQ is a Platform that seeks to provide personalised learning services.
For Tutors, we offer various tools to support instruction including conducting classes, assessment engine, marketing, scheduling, billing and communication. Tutors can apply to teach with us and after successfully going through our interview and training process, they can be assigned batches (called a “Batch”) for a given course curriculum. (called a "Course").
For Students, we provide personalised learning services for various international standardised tests and boards. Users may be able to review Courses as an unregistered user of our Services; however, if you wish to book a Course plan as a Student, to use hosted tools or use certain Services, you must first become a registered Member.
We reserve the right to restrict any Services and discontinue any product or Services at will. If a particular Tutor, product or Service is discontinued or unavailable, we reserve the right to provide a substitute Tutor.
You need to register to use our Services and access Courses on our Platform. You are asked to provide certain personal information when you sign up for our Services including name, address, telephone number, email address and billing information (such as a credit card number and expiration date). The personal information collected from You during the registration process is used to manage your account (such as for billing purposes).
You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account.
If you suspect someone else is using your account, let us know by contacting us at firstname.lastname@example.org.
By creating an Account on our Platform you confirm that you are over the age of 18 years and are authorized to enter into contracts including this one with LQ. As a minor if you wish to use our Services, such use shall be made available to you by your legal guardian or parents, who have agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents as evidenced by the Payment made for the Courses.
You must be at least eighteen (18) years old to be a Tutor. As a Tutor, you will have access to tools that enable you to manage conducting classes, assessment tools, marketing, scheduling, billing and communication and other tools provided by us. Acceptance of your candidature to teach a Course is at our sole discretion and we may remove you from our Services at any time for any reason. Your association with LQ (i) must not breach any agreements you have entered into with anyone, including this Agreement; and (ii) must contain accurate, current and complete information at all times. If you are accepted and conducting Batches within our Services, you must continually comply with this Agreement and the Provider Policies. Any Tutor who teaches a Batch through our Services must honour all terms and conditions of the Course, this Agreement and any our additional Provider Policies in effect at the time of booking.
You acknowledge that Tutors are not employees or agents of LQ but are independent contractors who operate a separate and distinct business from LQ. As such, we do not endorse or control the Tutors, the manner or method of service to you, exercise no control over your working relationship with the Tutor and do not warrant your safety or the service of any Tutor. We urge all users of our Services to be responsible and careful about their use of our Services, any transaction entered into as a result of our Services and interactions with Members.
- Interaction with other Members
- You are solely responsible for your interactions with other members. You understand that not all Tutors on the website have background checks and that we do not perform background checks on Students. The extent of our background check is limited by the limitations of computer accessible public records. Not all jurisdictions or crimes are evaluated as part of the criminal background check. We do not attempt to verify the qualifications or statements of our members. We make no representations or warranties as to the conduct of members or their compatibility with any current or future members.
- No member is obligated to meet offline with any other member. You agree to take reasonable precautions in all interactions with other members of our services. You understand that we make no guarantees, either express or implied, regarding your ultimate experience with members you meet through our Services. You do so at your own risk.
- In no event shall LQ and/or its officers, employees, agents or affiliates be liable to you or any third person for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, exemplary, and/or incidental, including lost profits, arising out of or relating to any act or omissions of you, LQ and/or its officers, employees, agents or affiliates, our third party investigative service, any member or anyone else in connection with the use of our Services or the Website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of our services or persons you meet through our services, or otherwise.
- Notwithstanding anything to the contrary contained herein, and to the maximum extent allowed by law, the liability of LearnQ and/or its officers, employees, agents and affiliates, to you and your heirs at law for any cause whatsoever, and regardless of the form of the action, shall be limited to the amount paid, if any, by you to us for our services during the preceding twelve months.
- Non Solicit
During the term of this Agreement and for two years thereafter, no Member shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Member introduced by us through our Services, without our consent. In case of such circumvention, such Member agrees and guarantees that such Member will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Member not circumvented our rights under this Agreement.
When a student enrols in a Course on LQ, a limited license is granted by LearnQ to access the Course via the LQ Platform and no other right. You shall not transfer or resell or provide access to any of the Courses to any third party in any way.
The Courses are conducted by individual Tutors. The LQ Platform facilitates your access to the Courses offered by the LearnQ (“Course”).
LQ grants you a limited, non-exclusive, non-transferable license to access and view the Courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited.
You may not copy, reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course or content unless we give you explicit permission to do so in a written agreement.
In the preparation of the Platform, courses and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, LQ disclaims any responsibility for any errors and accuracy of the information that may be contained in the Platform. Any feedback from you is most welcome to make the Platform and contents thereof error free and user friendly. The Platform also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice.
The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Subscription to the Courses or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
When you enrol in a Course you will have Course specific terms and conditions that will be shown to you in the Course page.
- Content Posted by You
As a Member, you may be able to post content, including uploading videos, photos and providing reviews of Members. You are solely responsible for the content that you publish or display (hereinafter, “post”) using our Services, or transmit or display to other Members. You will not post on the Website or Service, or transmit or display to other Members, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). By posting Content using our Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.
- Restrictions on Use of Platform
Your use of our Platform and Services is solely for Your personal and non-commercial use. Any use of the Platform, Services or courses or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Platform or our Services and/or Courses shall be subjected to the following restrictions:
- You may not decompile, reverse engineer, or disassemble the contents of the Platform or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform and/or our Website/Application and/or Services/Courses, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform.
- You will not use this Platform for commercial purposes of any kind, nor advertise or sell the Platform nor solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, nor use the Platform in any way that is unlawful, or harms LQ or any other person or entity as determined by LQ.
- In accordance with Rule 3 (1) (b) of the Intermediaries Rules, 2021, You shall not host, display, upload, modify, publish, transmit, store, update or share any information that,—
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- 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 other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
4. Apart from the above, You shall not be permitted to perform any of the following prohibited activities while availing our Services or using our Platform:
- Alter or modify any part of the Services or Content or Course information.
- Interfering with any other person's use or enjoyment of the Platform.
- falsely state or otherwise misrepresent Your affiliation with a person or entity.
- Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Platform, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites.
- Access or use the Platform in any manner that could damage, disable, overburden or impair any of the Platform's servers or the networks connected to any of the servers on which the Application/Website is hosted.
- Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platform, violate any requirements, procedures, policies or regulations of networks connected to the Platform or engage in any activity prohibited by these Terms.
The fees of courses on LQ are fixed and non-negotiable. We may from time to time run offers and promotions with certain specific conditions and terms during which time certain courses may be available at discounted fees for a specific period of time.
The fees applicable to a Course will be the fees at the time you complete your purchase of the course (at checkout). Any fees offered for a particular course may also be different when you are logged into your account from the fees available to users who aren’t registered or logged in.
While we take every precaution to generate invoices as per the payments received, if there is an error in the invoice or the prices on the invoice please contact us immediately and we will have them rectified.
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. LQ works with third party payment processing partners to offer you the most convenient payment methods and to keep your payment information secure.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within ten (10) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
We use a third-party payment processor/gateway to process payments. In the event that a payment has been made and money has been deducted from your account it may take upto 10 days to reflect in our accounts if there is a technical error. We will make every effort to ensure that the third party payment service provider either transfers the money to us or refunds it to your account as per common practice.
Given the nature of the services that we provide, once you have access to the Courses we have rendered our services. Should you choose to cancel your enrollment within 10 days of making the payment, we may accept your cancellation and you may be entitled to a refund as per our refund policy mentioned in the paragraph below.
In general we do not offer refunds. However in special circumstances if specifically sought for and you have made a payment, LQ may offer you the option to take an alternate Course by a different Tutor. In the event that you would like a refund without the option of selecting another Tutor, LQ will refund you the amount paid after deduction of charges for classes already conducted, taxes and any other applicable discount that was offered during the payment.. You can request a refund by emailing us at the email mentioned for grievance redressal below.
In the event that your request for cancellation is received within 30 days of paying the fees for a specific program we may issue a refund upto 75% of the course fee. If we receive your request beyond 30 days you will not be eligible for a refund.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, deactivate your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms or our you will not be eligible to receive a refund.
- Intellectual Property
LQ Intellectual Property:
Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Platform, Application, Website, Services are proprietary property and vest exclusively with LQ. No Intellectual Property may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from LQ and nothing in the Platform, Application or Website or Services shall be deemed to confer a right of ownership or any other right, interest or title to or in any of the intellectual property rights belonging to LQ, to the User. You may own the medium/device on which the information, content or materials resides, but LQ shall at all times retain full and complete title to the information, content or materials and all intellectual property rights communicated by LQ through such medium.
IP Infringement Take Downs:
LQ respects the intellectual property rights of others. If you believe that material located on or linked to by the Platform violates your copyright, or intellectual property you are encouraged to notify us at email@example.com.
LQ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
- Grievance Redressal
We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at :
Grievance Officer (provided in accordance with the IT Act, 2000 and its rules): Piyush Kumar, BHIVE HSR 27th Main, 3, 27th Main Rd, Near Power Station, 2nd Sector, HSR Layout, Bengaluru, Karnataka 560102. Phone number: +91 9972924500
Customer Support : Reach out to us on firstname.lastname@example.org in case of any queries.
Our Platform provides you with access to compiled educational information and related sources which are conducted by Tutors. Such information is provided on an As Is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Platform. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information.
From time to time the Platform may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without LQ 's prior written consent.
The contents of the Platform are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Platform is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. LQ acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods on the Platform does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Platform or usage of our Platform does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
LQ's Platform, including the content, may be compatible only with certain devices/tablets/instruments/hardware . LQ shall not be obligated to provide workable products and/or services for any instruments that are not recognized by LQ or those instruments that may be purchased from any third party which are not compatible with the Platform and Services. LQ reserves the right to upgrade the tablet/type of compatible devices as required from time to time.
The LQ Platform is hosted on third party servers and may be subject to routine maintenance. In the event that a scheduled maintenance is to take place, LQ will inform you beforehand by giving you a day's notice if possible. In the event that the servers/services are down and not working on account of a server failure LQ shall not be responsible or liable for any losses.
LQ has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Platform or the Services as it deems fit at any time without notice. Further, LQ has the right to amend these Terms from time to time without prior notice to you. LQ makes no commitment, express or implied, to maintain or continue any aspect of the Platform. You agree that LQ shall not be liable to You or any third party for any modification, suspension or discontinuance of the Platform/Services. All prices are subject to change without notice.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LQ SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LQ FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
- Limitation of Liability and Indemnification
To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
You agree to defend, indemnify and hold harmless LQ, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Website/Services; (ii) Your violation of any term of these Terms or any other policy of LQ; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Website.
In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company's right to obtain such relief shall not limit its right to obtain other remedies.
- Termination and Suspension:
Any violation by You of the terms of may result in immediate suspension or termination of Your Account apart from any legal remedy that LQ can avail. In such instances, LQ may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
- Notices: All notices served by LQ shall be provided via email to Your account or as a general notification on the Platform. Any notice to be provided to LQ should be sent to email@example.com.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- Relief: In the event of You breaching any of these Terms, You agree that LQ will be irreparably harmed and may not have an adequate remedy in money or damages. LQ therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. LQ 's right to obtain such relief shall not limit its right to obtain other remedies.
- Disputes: The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bengaluru, India and You hereby accede to and accept the jurisdiction of such Courts.
- Review: LQ provides these Terms so that You are aware of the terms that apply to your use of the Platform and Services. You acknowledge that LQ has given You a reasonable opportunity to review these Terms and that You have agreed to them.