TERMS OF USE
TERMS OF USE
1. INTRODUCTION
1.1. These terms and conditions (hereinafter “Terms of Use” or “ToU”) and amended provisions from time to time governs your access/interaction/enquiry/purchase/experience or use of TAISI’s current and future user interface channels including but not limited to its website, mobile site & mobile app, learning and content management systems, call centres, offices etc. (collectively referred herein as "Platforms") and services and products offered by LXL.
1.2. The Platforms is managed by LXL Foundation (hereinafter “LXL”), having its registered office at #175, 2nd Cross, Lower Palace Orchards, Bangalore - 560003 which operates under the brand name LXL Ideas.
1.3. Before using or interacting with the Platforms or procuring the services of LXL, the Users shall compulsorily read and understand this ToU and User acknowledges that by accessing, enquiring, experiencing programs or transacting on the Platforms User shall be deemed to have accepted this ToU as a binding document that governs User's dealings and transactions with LXL.
1.4. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5. User shall also refer to LXL's Privacy Policy available on LXL's Platforms which governs use of User’s Information as defined therein. By using the Platforms, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information as per the terms of the Privacy Policy.
1.6. All rights and liabilities of the LXL and User with respect to any services or programs facilitated by LXL shall be restricted to the scope of this ToU, Privacy Policy, any supplementary terms governing particular program, notices, disclaimers, policies, and guidelines, as applicable and are deemed to be part of this ToU.
1.7. For purposes of this ToU, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Privacy Policy.
2. APPLICABILITY
2.1. For the purposes of these ToU wherever the context so requires, User shall mean any natural or legal person who accesses/interacts/enquires/purchases/experiences product(s) or services(s) made available through the “Platforms".
2.2. For the purpose of this ToU, wherever the context so requires "you/You" or "your/Your" shall mean User and the term "We", "us/Us", "our/Our" shall mean LXL.
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2.3. Both User and LXL are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
2.4. Some of the Services, programs may be subject to additional terms. Your use of those Services may be subject to such additional terms (“Supplementary Terms”) which are incorporated into these ToU by reference. In the event of an inconsistency between these ToU and Supplementary Terms, the provisions of the Supplementary Terms shall control to the extent of conflict. The User should refer to the relevant Supplementary Terms applicable for the given program(s) or service(s) as purchased by the User.
3. ELIGIBILITY TO TRANSACT ON THE PLATFORMS
3.1. User must be eligible to enter into legally binding contract as per the Indian Contract Act, 1872 and to transact directly with LXL and its Platforms.
3.2. If you are a minor or are below the age of 18 years, you shall not register as a User of the Platforms and shall not transact on or use the Platforms. Any violation will entitle LXL to decline/deregister/delete/cancel/suspend such registration or accounts.
4. REGISTRATION, USER ACCOUNT AND PASSWORD
4.1. While registering on the Platforms, the User will have to enter their mobile number or email and the User shall be solely responsible for maintaining the confidentiality of the login credentials and the User account as well as for all activities on the User’s account. You shall not use any other User’s password or login details to access the Platforms. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
4.2. You agree to provide to us true, accurate, up-to-date and complete information including any other details we require obtaining from you for the purposes of providing you services including personal or proprietary information relating to you. In the event any information provided by you if found to be untrue, incomplete or inaccurate or false, LXL reserves the right to suspend or terminate your account until correct information is provided or block access of your membership on the Platforms and refuse to provide you access to the Platforms. Further LXL may deny registration, if LXL in its sole discretion has reasons to believe that the User has any questionable background or his/her details exists in the list of government, police or investigating agencies data which prohibits or restricts us from providing you any services. LXL or its Educational Partners reserves the right to deny/delay associated services without incurring any liability, if information, as required by LXL or its Educational Partner, supplied by you are either found to be incorrect, misleading, incomplete or deficient. LXL shall conduct its primary due diligence about any User and in this process may share User’s data with government or any investigating agencies to verify the User.
4.3. Any use, collection, storage or sharing of User’s information shall be as per our Privacy Policy and we require you to review our Privacy Policy along with these ToU before you start transacting on our Platforms.
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4.4. LXL adopts security standards prescribed under applicable laws of India but does not guarantee non-happening of any security breach incidents of its systems and User acknowledges that it may impact User’s information also. User understands that any information that is provided to this Platforms may be read or intercepted by others due to any breach of security at the User's end.
4.5. LXL reserves the right to decline any User registration on the website or enrolment in any program in its sole discretion without written notice or incurring any liability.
5. GRANT OF LICENSE AND ACCESS TO USE THE PLATFORMS
5.1. This ToU grants limited, personal, non-exclusive, non-transferable, revocable licenses to use the Platforms and access programs, contents or materials subject to payment of associated fees by the User and as per the terms and conditions stated herein. Access to certain features of the Platforms may only be available to registered User(s).
5.2. The Platforms are meant to be used by bonafide User(s) for educational and informational purposes only and as per the terms of this ToU. The Platforms should not be further used for any commercial purposes or activities as per the terms of this ToU.
5.3. Unauthorized access to Platforms is a breach of these ToU and a violation of the applicable laws and LXL reserves its right to suspend/terminate such accounts including initiating legal action against such persons. You agree not to access our Platforms by any means other than through the interface that is provided by LXL. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Platforms, except those automated means that we have approved in advance and in writing.
5.4. You acknowledge that your access to the Platforms may be interrupted or delayed due to any internet or telecommunication outage or general maintenance. LXL will on best effort send you timely notice, work to mitigate such interruption or delays including restoration of the services.
6. PAYMENTS, REFUNDS, CANCELLATIONS
6.1. Owing to the status of the entities involved, donations will be exempt, but will be as per applicable laws.
6.2. Any fee payable by User is exclusive of applicable taxes (present or future).
6.3. You must keep a record of any receipts or invoices generated online while you have made payments for any program. Alternatively, we will provide you with invoice against any payment received by us within five (5) working days from the date of receipt of any fee.
6.4. All payments shall be made in INR.
6.5. We have partnered with third party payment gateway providers for processing payments initiated by you on our Platforms. By using services of such providers, you acknowledge and
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agree to abide by their terms, policies, etc. You further agree that any Information including Sensitive Personal Data shared by you shall be subject to such provider’s privacy terms and you agree to be governed by such terms. LXL does not store your credit/debit or net banking details including any other payment instrument used by you for making the payment. LXL disclaims any liability or claims arising from your use of payment services of third-party providers including any refund, delays, stuck payment, chargebacks etc. including use, collection or storage of Information shared by you with such providers.
6.5.1. No refunds or cancellations will be entertained after payment. Individual events or activities will have their own refund and cancellation policies which will be intimated to any participants.
6.5.2. LXL reserves the right to amend these policies from time to time.
7. LXL COMMUNICATIONS, DISCLAIMER AND CONSENT
7.1. You understand and agree that our services may include communications related to services, confirmations, cancellations, payments, refunds, schedules, timetable, attendance, program announcements, administrative messages other information relevant from us or from our Partners or licensors or associates and that these communications are considered part of the services. You acknowledge that you will be required to provide a valid phone/mobile number and email ID while placing a request or registration on the Platforms. By registering Your phone/mobile number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication and You consent to receive communications via internet-based messaging applications including WhatsApp, voice call, e-mail or any other alternative communication, detail provided by the User at the time of registration, periodically and as and when required.
7.2. User or User acknowledges that his/her association with LXL with respect to any services obtained through the Platforms shall at all times be governed by these Terms of Use or any Supplementary terms as may be applicable or any communication received from the official channels or email ID of LXL. User undertakes to apply diligence before acting under any representation or commitment made by anyone acting for and/or on behalf of LXL and further waives his/her rights to raise any claims with respect to such communications or commitments and LXL shall not entertain any claims related thereto.
7.3. The User unconditionally consents and authorizes LXL directly or through third party service provider, from time to time, who may also contact User by voice call, alerts, SMS, WhatsApp or email to know the preference of any User for concluding any service transaction or related activity or send commercial communications and other services on the contact number provided by the User, whether these numbers are registered with National Do Not Call Registry/ Listed in National Customer Preference Register or not, and User agrees that such communications are (i) pursuant to the request of the User; and (ii) ‘transactional’ and not an 'unsolicited commercial communication', as per the guidelines of Telecom Regulation Authority of India (TRAI).
7.4. You will indemnify LXL, its directors, officers, employees, affiliates, subsidiaries or third party (“Indemnified Party”) against all types of losses and damages incurred by Indemnified Party due to any action taken by TRAI, or any other authority due to any erroneous compliant raised by You
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on Indemnified Party with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
8. CONTENT
8.1. We offer Content to the Users which may include but is not limited to videos, SCORM files, PDFs, ppts, documents, graphics etc. or instructor-led learning, live lectures, webinars, interactive sessions. The programs shall be textual/video materials/exams and/or other components as decided by LXL or our Partners or program providers who offer the program.
8.2. LXL or its Partners may cancel, amend, modify, upgrade or alter any the membership any time without incurring any liability except stated below. We will notify you of such changes or publish it on our Platforms.
8.3. Your access and membership will be as per the period specified on the Platforms.
9. USER COVENANTS AND RESTRICTIONS
9.1. Users are advised to check and verify the details of and other terms related thereto before purchasing or transacting on the Platforms.
9.2. If any User authorizes another person to make any registration, it shall be deemed that the User is aware of the applicable terms and this ToU and related rules and restrictions applicable thereto.
9.3. The Content is provided in a secure manner and should not be downloaded or copied by the User.
9.4. The User must not engage in the use, distribution or transfer of counterfeit, pirated copies of the content. The User should not distribute or transfer their respective Licenses to any party without prior permission from the concerned authorities. The User undertakes to abide by all procedures, guidelines, as notified by LXL from time to time, during the course of their interaction with the Platforms and participation in activities.
9.5. Except where expressly stated otherwise, you are not permitted to copy, broadcast, distribute, download, store (in any medium), transmit, create adaptive work, publish change in any way the Materials or content on the Platforms for any other purpose.
9.6. While interacting or transacting on the Platforms User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
(i) belongs to another person and to which the User does not have any right; (ii) 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;
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(iii) is harmful to child/children;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) 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;
(vii) impersonates another person;
(viii) 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;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) 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;
In the event of any non-compliance with the above LXL reserves the right to immediately terminate/suspend, without notice, in addition to exercising other legal remedies/actions available, User’s access or usage of the Platforms or remove non-compliant information or both, as the case may be, without incurring any liability.
10. USER’s CODE OF CONDUCT
10.1. User shall:
- Use Platforms for legitimate purposes;
- Act diligently and responsibly while interacting with the Platforms including fellow Users; - Comply with his/her obligations herein;
- Provide true, correct and up to date information;
- Comply with applicable laws of India, including Copyright Act 1957, Trademark Act 1999, Information Technology Act 2000, applicable rules or guidelines and any laws that is applicable to the conduct of the User;
- Maintain confidentiality of any information, content, Materials provided by LXL. User shall not be disclosing such information except as required by law or for the purposes of this ToU or enforcing rights herein.
10.2. User while interacting with the Platforms or other Users, including but not limited to faculty members, teachers, academicians, industry experts, shall NOT:
- Share his/her login credentials with any third party;
- Share access to his/her account to anyone except as may be requested by LXL for any support or technical services;
- Indulge in any misbehaviour, cause threat to anyone;
- Make any misrepresentation of facts;
- Copy, distribute, publish, or reproduce any third-party content in which it does not have any right or license to use;
- Post inaccurate information with intent to mislead others;
- Collect or store personal information about other Users;
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- Impersonate any person or entity, including, but not limited to, a representative of LXL, or falsely state or otherwise misrepresent your affiliation with a person or entity; - Interfere with or disrupt our Platforms, servers, or networks
10.3. The list of Dos and Don’ts provided above are non-exhaustive and are indicative. Your use of the Platforms is under our monitoring and in the event of any violation of this ToU including, but code of conduct we may without notice, revoke, suspend, deny or terminate your access to the Platforms.
11. USER CONTENT
11.1. You are solely responsible for all materials including, notes, drawing, graphics, assignments, content, audio, video, photographs, images, testimonials, documents, literary files, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Platforms or its forums and communities ("User Content").
11.2. You hereby grant us, our affiliates, our partners, group entities, subsidiaries (present or future), licensors or associates, a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable, assignable license to use, reproduce, of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish, create derivative works of the User Content and subsequent versions of User Content for the purposes of (i) displaying User Content on our Platforms, (ii) distributing User Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing User Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of User Content in any form, medium, or technology now known or later developed.
11.3. You acknowledge that LXL may in the course of providing you any program or interaction with you record your comments, feedbacks, observations, video, audio (hereinafter “Interactive Content)” and to the extent permissible under applicable laws you waive all your rights of privacy, publicity or any other intellectual property rights including moral rights in such Interactive Content and acknowledge that such Interactive Content shall be sole and exclusive property of LXL. LXL is free to publish all or part of Interactive Content in any form, medium, or technology now known or later developed including use thereof without any restriction.
11.4. You certify and represent that you own all intellectual property rights in User Content and/or have required licenses and permissions to post, reproduce, distribute, publish, transmit, display such User Content if it has any third-party intellectual property rights. You represent that our use of User Content shall not violate any third-party intellectual property rights or lead to any claims or loss or cause any damage and you will indemnify us in the event of breach of this representation.
12. CONTESTS AND EVENTS
12.1. LXL may conduct contests or events for its Users through its Platforms to encourage collaboration or participation amongst Users and such contests or events shall be governed by the terms stated herein in addition to specific terms for such contest. Participation is optional. LXL may announce the winners on its Platforms or any other publication it may deem fit. Users unconditionally consent to such publications.
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13. EDUCATIONAL PARTNER AND THIRD-PARTY LINKS
13.1. Our Platforms may contain links to third party websites or of our Educational Partner and some of our program contents on our Platforms is provided by such third parties or Educational Partner. Such websites, contents are owned by respective parties. We have no control over such websites and are not responsible for any contents available there or use of such content by you. Any use of such website, content or enrolment to such programs or interaction by you will be at your own risk, responsibility and liability and subject to the term and conditions and privacy policy of each of those websites and LXL makes no representation or warranty with regard to such websites or information contained therein. Any programs affiliated with Educational Partners or third parties are subject to their terms and applicable policies in addition to this ToU.
14. TRADEMARK AND BRANDS
LXL’s names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Platforms including in any Materials as defined under this ToU, domain names or any variants thereof are property of LXL. Any other names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of our Educational Partners or third-party service providers used on Platforms including in any Materials are property of respective owners. User shall not be entitled to raise any claims against such names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights and Materials in any manner whatsoever or use, reproduce, publish such names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights without explicit licenses from the respective owners. Said properties are protected under applicable intellectual property laws of India or as may be applicable.
15. LXL’S INTELLECTUAL PROPERTY RIGHTS
15.1. The technology and the software including intellectual property underlying our Platforms and our services is the property of LXL Foundation, and/or our affiliates or licensors. You agree not to copy, modify, lease, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Platforms or the services.
15.2. User acknowledges that all Materials on the Platforms are protected by Indian Copyright Act 1957, Trademarks Act 1999 amended provisions and other intellectual property rights laws and are sole and exclusive property of LXL and/or our affiliates or licensors.
15.3. User acknowledges the ownership and proprietary rights of LXL, its affiliates or licensors in the Platforms and/or Materials and agrees to not copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Materials in whole or in part except as expressly permitted under this ToU.
15.4. Any use in violation of terms hereof will constitute infringement of LXL’s or our affiliates or licensor’s copyrights, trademarks and other proprietary rights, and you may be subjected to criminal or civil proceedings.
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16. DISCLAIMER OF WARRANTY
16.1. We do not make any warranty as to the Materials or content on our Platforms. The Materials and content are distributed on an "as is, as available" basis. We disclaim any quality or accuracy of Material or content provided on our Platforms by third parties including our Partners.
16.2. Any Material or content accessed, downloaded or otherwise obtained through our Platforms is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from such actions. Any advice or information sought by a User from LXL (orally or in writing) regarding any services shall not constitute any warranty in any manner whatsoever.
16.3. NEITHER WE NOR ANY OF OUR EDUCATIONAL PARTNERS OR LICENSORS OR ASSOCIATES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES OR MATERIALS OR CONTENTS PROVIDED ON OUR PLATFORMS (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
16.4. WE DO NOT WARRANT THAT (I) OUR PLATFORMS WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, SECURE; OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PLATFORMS WILL BE ACCURATE OR RELIABLE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, PROGRAMS, INFORMATION, MATERIAL OR CONTENT THAT YOU PURCHASE OR OBTAIN THROUGH OUR PLATFORMS WILL MEET YOUR EXPECTATIONS OR (IV) AVAILABILITY OF ANY PROGRAM MATERIAL OR CONTENT ON CONTINUOUS BASIS.
16.5. LXL reserves the right to change the features or functionality of the Platforms or services being provided at any time, in its sole discretion, without any prior notice to User.
17. INDEMNITY
17.1. The User expressly agrees to defend, hold harmless and keep indemnified LXL its affiliates, subsidiaries and their respective officers, directors, employees, representatives, agents, lawful successors and assigns (“Indemnified Party”) at all times and make good any loss, damage, costs and expenses (including legal fees) that arises, or is suffered or incurred by Indemnified Party due to acts or omissions of the User, including any breach of any representation or warranty provided by the User under this ToU, or non-performance of any covenants under this ToU, including negligence, violation of applicable laws, or any third party claim of infringement or misappropriation of intellectual property rights including any claims arising from User posting User Content on Platforms contrary to the applicable laws of India and/or use of User Content by LXL, our affiliates, partners, group entities, subsidiaries (present or future), licensors or associates.
18. LIMITATION OF LIABILITY
18.1. NOTWITHSTANDING ANYTHING TO CONTRARY IN THE TOU, IN NO EVENT WILL LXL, ITS SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
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PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR PLATFORMS, RELIANCE ON THE INFORMATION OBTAINED FROM THE PLATFORMS WHETHER YOUR CLAIM IS BASED ON CONTRACT, TORT OR STATUTORY OR OTHER LAWS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT THE AGGREGATE LIABILITY OF LXL TO USER FOR ANY CLAIMS ARISING UNDER THIS TOU OR ANY SUPPLEMENTARY AGREEMENT OR OTHER POLICIES SHALL EXCEED FIFTY PERCENT (50%) OF THE AMOUNT PAID BY THE USER TO LXL PRIOR TO THE DATE THE CLAIM ARISES NOTWITHSTANDING THE NATURE OF THE CLAIM.
18.2. LXL, ITS SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR CLAIMS ARISING FROM THE USER’S POSTING USER CONTENT ON THE PLATFORMS OR ANY THIRD-PARTY INFRINGEMENT CLAIMS ARISING THEREFROM.
19. TERM
The terms of this ToU along with Supplementary Terms, policies, guidelines, code of conduct or any other terms applicable to you during the course of you using our services or Platforms shall continue to apply until terminated by either you or us as set forth below.
20. TERMINATION OR SUSPENSION OF USER ACCOUNTS
20.1. Users may terminate this ToU with LXL, by (i) not accessing the Platforms; or (ii) closing Your Account by writing to us at info@taisi.in.
20.2. LXL in addition to other remedies available under this ToU and applicable laws, may limit/restrict/decline User's access to the services on our Platforms or suspend or terminate or discontinue or deactivate or delete User’s account/registration in its sole discretion at any time without reason or giving prior notice or incurring any liability if:
- User is found to be in breach of this ToU or any Supplementary terms or policies as applicable from time to time;
- User has misrepresented facts or information or found to have furnished wrong/incorrect details;
- User conduct is in violation of applicable laws of India;
- User has indulged in unlawful activities or has misbehaved with other Users, vendors, partners, lecturers, staff, employees of LXL
- Any misconduct has been reported against the User;
- LXL has reasons to believe that User’s has indulged in actions which may infringe third party rights or threat to national sovereignty;
- LXL receives any order/notice from any judicial, quasi-judicial, administrative, regulatory, investigative body to suspend or terminate User’s account; or
- For any legal or policy reasons.
No claims shall be maintainable against LXL for any loss or damage that may be caused to the User or any person as a result of any termination, suspension, discontinuation, or deactivation of User’s account by LXL as above said.
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20.3. Any suspension of User account or restriction imposed temporarily will be in the instances where LXL may in its sole discretion investigate the default of User and reserves the right to reinstate such User’s account at additional cost or undertaking to be provided by the User.
20.4. The User shall not be entitled to any refund for any amounts already paid in the event of any termination, suspension, discontinuation, or deactivation of the account.
21. REPORT FRAUD
21.1. LXL or its employees will never contact you for your Personal Information or Sensitive Personal Information except as provided in the Privacy Policy. User must verify the identity of any person calling on behalf of LXL while responding to any calls, SMS or email to avoid falling victim to fraudsters or organized scams and shall never disclose any Personal Information or Sensitive Personal Information through aforesaid communication mediums until satisfied of the identity of the caller.
21.2. Users acting to any such fraud calls or requests shall be at User’s risk. If you are ever asked for such information, you may also report to us at info@taisi.in
22. REPORT CONTENT
22.1. If you find any content or Material on the Platforms unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, infringing User’s intellectual property rights please write to the Grievance Officer at info@taisi.in and LXL shall promptly investigate such incident and take reasonable action under applicable laws.
23. MISCELLANEOUS
23.1. This ToU including Privacy Policy, as applicable to any services offered by LXL constitutes the entire agreement between you and LXL Private Limited with respect to your use of Platforms and services offered by us.
23.2. Terms of this ToU including Privacy Policy, as applicable that, by their nature and content, are intended to survive the completion, rescission, termination or expiration of this ToU, shall so survive and continue to bind the Parties for the maximum period of time permitted under applicable law.
23.3. Nothing in this Agreement shall be construed as to create the relationship of employer-employee, partners, collaborators, joint-venture or principal-agent between the parties hereto.
23.4. We treat your information with confidentiality and all your information shared by you with us is governed by our Privacy Policy.
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23.5. Any notice as may be required in connection with your services with us or transaction or any notices required under any applicable laws, will be effective upon our posting them on our Platforms or delivering them to you through e-mail ID provided by you at the time of registration. LXL shall not be liable if you have provided incorrect email id. You hereby consent to receiving such notice on your email ID.
23.6. In the event of any circumstances or situations beyond our reasonable control including act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, or any other reason which limits our ability to service you (collectively “Force Majeure”), LXL may suspend, limit or terminate your access to the Platforms with written notice sent to your email ID and LXL will take all reasonable measures to mitigate any delay caused however, LXL cannot be held responsible for any such Force Majeure circumstance.
23.7. Any notice or communication may be sent by the User by writing to us at info@taisi.in or send by post at our Registered Office:
Grievance Officer
LXL Foundation
#175, 2nd Cross,
Lower Palace Orchards
Bangalore - 560003
23.8. The ToU is subject to amendment and modifications from time to time. LXL may make such amendments or modifications without any notice. You are expected to periodically visit our Platforms and be abreast with the latest version.
23.9. LXL may also incorporate any feedback or suggestion shared by Users in any material or content; User acknowledges that LXL is not responsible to give any credit to the User for such changes neither any intellectual property of the User shall be recognized therein. User waives all claims including moral rights in his/her suggestions or feedback.
23.10. If any provision of this ToU is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this ToU shall continue to be in full force and effect.
23.11. Failure or delay on part of either Party to enforce any provision(s) of this ToU at any point of time shall not be construed to be a waiver by such Party of such rights thereafter to enforce each and every provision of this Agreement.
23.12. LXL may assign or transfer its rights, obligations, benefits, either in whole or in part, without the prior written consent or intimation to the User. User is not entitled to transfer or assign his/her rights, obligations or benefits under this ToU or any Supplementary Agreement or policies governing User’s relationship with us.
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23.13. These terms shall be construed in accordance with the laws of India, and for any disputes arising herein, parties’ consent to the exclusive jurisdiction of courts in Bangalore, India.
24. CONCERNS AND FEEDBACK
24.1. For any concerns, complaints or feedback please write to us at info@taisi.in. We will promptly look into your concerns and resolve your concerns within the prescribed time limit under applicable laws.
25. GRIEVANCE OFFICER
25.1. In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer is specified below. We will promptly look into your grievance/complaint and resolve your complaint within 15 days of its receipt by us or any such time period as prescribed by applicable laws whichever is more.
Grievance Officer
Email ID: info@taisi.in
Registered Address:
LXL Foundation
#175, 2nd Cross,
Lower Palace Orchards
Bangalore - 560003
Effective Date: 31stJuly, 2024
©Copyright 2021 LXL Foundation
1. INTRODUCTION
1.1. These terms and conditions (hereinafter “Terms of Use” or “ToU”) and amended provisions from time to time governs your access/interaction/enquiry/purchase/experience or use of LXL’s current and future user interface channels including but not limited to its website, mobile site & mobile app, learning and content management systems, call centres, offices etc. (collectively referred herein as "Platforms") and services and products offered by LXL.
1.2. The Platforms is managed by LXL Foundation (hereinafter “LXL”), having its registered office at #175, 2nd Cross, Lower Palace Orchards, Bangalore - 560003 which operates under the brand name LXL Ideas.
1.3. Before using or interacting with the Platforms or procuring the services of LXL, the Users shall compulsorily read and understand this ToU and User acknowledges that by accessing, enquiring, experiencing programs or transacting on the Platforms User shall be deemed to have accepted this ToU as a binding document that governs User's dealings and transactions with LXL.
1.4. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5. User shall also refer to LXL's Privacy Policy available on LXL's Platforms which governs use of User’s Information as defined therein. By using the Platforms, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information as per the terms of the Privacy Policy.
1.6. All rights and liabilities of the LXL and User with respect to any services or programs facilitated by LXL shall be restricted to the scope of this ToU, Privacy Policy, any supplementary terms governing particular program, notices, disclaimers, policies, and guidelines, as applicable and are deemed to be part of this ToU.
1.7. For purposes of this ToU, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Privacy Policy.
2. APPLICABILITY
2.1. For the purposes of these ToU wherever the context so requires, User shall mean any natural or legal person who accesses/interacts/enquires/purchases/experiences product(s) or services(s) made available through the “Platforms".
2.2. For the purpose of this ToU, wherever the context so requires "you/You" or "your/Your" shall mean User and the term "We", "us/Us", "our/Our" shall mean LXL.
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2.3. Both User and LXL are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
2.4. Some of the Services, programs may be subject to additional terms. Your use of those Services may be subject to such additional terms (“Supplementary Terms”) which are incorporated into these ToU by reference. In the event of an inconsistency between these ToU and Supplementary Terms, the provisions of the Supplementary Terms shall control to the extent of conflict. The User should refer to the relevant Supplementary Terms applicable for the given program(s) or service(s) as purchased by the User.
3. ELIGIBILITY TO TRANSACT ON THE PLATFORMS
3.1. User must be eligible to enter into legally binding contract as per the Indian Contract Act, 1872 and to transact directly with LXL and its Platforms.
3.2. If you are a minor or are below the age of 18 years, you shall not register as a User of the Platforms and shall not transact on or use the Platforms. Any violation will entitle LXL to decline/deregister/delete/cancel/suspend such registration or accounts.
4. REGISTRATION, USER ACCOUNT AND PASSWORD
4.1. While registering on the Platforms, the User will have to enter their mobile number or email and the User shall be solely responsible for maintaining the confidentiality of the login credentials and the User account as well as for all activities on the User’s account. You shall not use any other User’s password or login details to access the Platforms. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
4.2. You agree to provide to us true, accurate, up-to-date and complete information including any other details we require obtaining from you for the purposes of providing you services including personal or proprietary information relating to you. In the event any information provided by you if found to be untrue, incomplete or inaccurate or false, LXL reserves the right to suspend or terminate your account until correct information is provided or block access of your membership on the Platforms and refuse to provide you access to the Platforms. Further LXL may deny registration, if LXL in its sole discretion has reasons to believe that the User has any questionable background or his/her details exists in the list of government, police or investigating agencies data which prohibits or restricts us from providing you any services. LXL or its Educational Partners reserves the right to deny/delay associated services without incurring any liability, if information, as required by LXL or its Educational Partner, supplied by you are either found to be incorrect, misleading, incomplete or deficient. LXL shall conduct its primary due diligence about any User and in this process may share User’s data with government or any investigating agencies to verify the User.
4.3. Any use, collection, storage or sharing of User’s information shall be as per our Privacy Policy and we require you to review our Privacy Policy along with these ToU before you start transacting on our Platforms.
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4.4. LXL adopts security standards prescribed under applicable laws of India but does not guarantee non-happening of any security breach incidents of its systems and User acknowledges that it may impact User’s information also. User understands that any information that is provided to this Platforms may be read or intercepted by others due to any breach of security at the User's end.
4.5. LXL reserves the right to decline any User registration on the website or enrolment in any program in its sole discretion without written notice or incurring any liability.
5. GRANT OF LICENSE AND ACCESS TO USE THE PLATFORMS
5.1. This ToU grants limited, personal, non-exclusive, non-transferable, revocable licenses to use the Platforms and access programs, contents or materials subject to payment of associated fees by the User and as per the terms and conditions stated herein. Access to certain features of the Platforms may only be available to registered User(s).
5.2. The Platforms are meant to be used by bonafide User(s) for educational and informational purposes only and as per the terms of this ToU. The Platforms should not be further used for any commercial purposes or activities as per the terms of this ToU.
5.3. Unauthorized access to Platforms is a breach of these ToU and a violation of the applicable laws and LXL reserves its right to suspend/terminate such accounts including initiating legal action against such persons. You agree not to access our Platforms by any means other than through the interface that is provided by LXL. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Platforms, except those automated means that we have approved in advance and in writing.
5.4. You acknowledge that your access to the Platforms may be interrupted or delayed due to any internet or telecommunication outage or general maintenance. LXL will on best effort send you timely notice, work to mitigate such interruption or delays including restoration of the services.
6. PAYMENTS, REFUNDS, CANCELLATIONS
6.1. Owing to the status of the entities involved, donations will be exempt, but will be as per applicable laws.
6.2. Any fee payable by User is exclusive of applicable taxes (present or future).
6.3. You must keep a record of any receipts or invoices generated online while you have made payments for any program. Alternatively, we will provide you with invoice against any payment received by us within five (5) working days from the date of receipt of any fee.
6.4. All payments shall be made in INR.
6.5. We have partnered with third party payment gateway providers for processing payments initiated by you on our Platforms. By using services of such providers, you acknowledge and
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agree to abide by their terms, policies, etc. You further agree that any Information including Sensitive Personal Data shared by you shall be subject to such provider’s privacy terms and you agree to be governed by such terms. LXL does not store your credit/debit or net banking details including any other payment instrument used by you for making the payment. LXL disclaims any liability or claims arising from your use of payment services of third-party providers including any refund, delays, stuck payment, chargebacks etc. including use, collection or storage of Information shared by you with such providers.
6.5.1. No refunds or cancellations will be entertained after payment. Individual events or activities will have their own refund and cancellation policies which will be intimated to any participants.
6.5.2. LXL reserves the right to amend these policies from time to time.
7. LXL COMMUNICATIONS, DISCLAIMER AND CONSENT
7.1. You understand and agree that our services may include communications related to services, confirmations, cancellations, payments, refunds, schedules, timetable, attendance, program announcements, administrative messages other information relevant from us or from our Partners or licensors or associates and that these communications are considered part of the services. You acknowledge that you will be required to provide a valid phone/mobile number and email ID while placing a request or registration on the Platforms. By registering Your phone/mobile number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication and You consent to receive communications via internet-based messaging applications including WhatsApp, voice call, e-mail or any other alternative communication, detail provided by the User at the time of registration, periodically and as and when required.
7.2. User or User acknowledges that his/her association with LXL with respect to any services obtained through the Platforms shall at all times be governed by these Terms of Use or any Supplementary terms as may be applicable or any communication received from the official channels or email ID of LXL. User undertakes to apply diligence before acting under any representation or commitment made by anyone acting for and/or on behalf of LXL and further waives his/her rights to raise any claims with respect to such communications or commitments and LXL shall not entertain any claims related thereto.
7.3. The User unconditionally consents and authorizes LXL directly or through third party service provider, from time to time, who may also contact User by voice call, alerts, SMS, WhatsApp or email to know the preference of any User for concluding any service transaction or related activity or send commercial communications and other services on the contact number provided by the User, whether these numbers are registered with National Do Not Call Registry/ Listed in National Customer Preference Register or not, and User agrees that such communications are (i) pursuant to the request of the User; and (ii) ‘transactional’ and not an 'unsolicited commercial communication', as per the guidelines of Telecom Regulation Authority of India (TRAI).
7.4. You will indemnify LXL, its directors, officers, employees, affiliates, subsidiaries or third party (“Indemnified Party”) against all types of losses and damages incurred by Indemnified Party due to any action taken by TRAI, or any other authority due to any erroneous compliant raised by You
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on Indemnified Party with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
8. CONTENT
8.1. We offer Content to the Users which may include but is not limited to videos, SCORM files, PDFs, ppts, documents, graphics etc. or instructor-led learning, live lectures, webinars, interactive sessions. The programs shall be textual/video materials/exams and/or other components as decided by LXL or our Partners or program providers who offer the program.
8.2. LXL or its Partners may cancel, amend, modify, upgrade or alter any the membership any time without incurring any liability except stated below. We will notify you of such changes or publish it on our Platforms.
8.3. Your access and membership will be as per the period specified on the Platforms.
9. USER COVENANTS AND RESTRICTIONS
9.1. Users are advised to check and verify the details of and other terms related thereto before purchasing or transacting on the Platforms.
9.2. If any User authorizes another person to make any registration, it shall be deemed that the User is aware of the applicable terms and this ToU and related rules and restrictions applicable thereto.
9.3. The Content is provided in a secure manner and should not be downloaded or copied by the User.
9.4. The User must not engage in the use, distribution or transfer of counterfeit, pirated copies of the content. The User should not distribute or transfer their respective Licenses to any party without prior permission from the concerned authorities. The User undertakes to abide by all procedures, guidelines, as notified by LXL from time to time, during the course of their interaction with the Platforms and participation in activities.
9.5. Except where expressly stated otherwise, you are not permitted to copy, broadcast, distribute, download, store (in any medium), transmit, create adaptive work, publish change in any way the Materials or content on the Platforms for any other purpose.
9.6. While interacting or transacting on the Platforms User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
(i) belongs to another person and to which the User does not have any right; (ii) 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;
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(iii) is harmful to child/children;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) 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;
(vii) impersonates another person;
(viii) 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;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) 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;
In the event of any non-compliance with the above LXL reserves the right to immediately terminate/suspend, without notice, in addition to exercising other legal remedies/actions available, User’s access or usage of the Platforms or remove non-compliant information or both, as the case may be, without incurring any liability.
10. USER’s CODE OF CONDUCT
10.1. User shall:
- Use Platforms for legitimate purposes;
- Act diligently and responsibly while interacting with the Platforms including fellow Users; - Comply with his/her obligations herein;
- Provide true, correct and up to date information;
- Comply with applicable laws of India, including Copyright Act 1957, Trademark Act 1999, Information Technology Act 2000, applicable rules or guidelines and any laws that is applicable to the conduct of the User;
- Maintain confidentiality of any information, content, Materials provided by LXL. User shall not be disclosing such information except as required by law or for the purposes of this ToU or enforcing rights herein.
10.2. User while interacting with the Platforms or other Users, including but not limited to faculty members, teachers, academicians, industry experts, shall NOT:
- Share his/her login credentials with any third party;
- Share access to his/her account to anyone except as may be requested by LXL for any support or technical services;
- Indulge in any misbehaviour, cause threat to anyone;
- Make any misrepresentation of facts;
- Copy, distribute, publish, or reproduce any third-party content in which it does not have any right or license to use;
- Post inaccurate information with intent to mislead others;
- Collect or store personal information about other Users;
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- Impersonate any person or entity, including, but not limited to, a representative of LXL, or falsely state or otherwise misrepresent your affiliation with a person or entity; - Interfere with or disrupt our Platforms, servers, or networks
10.3. The list of Dos and Don’ts provided above are non-exhaustive and are indicative. Your use of the Platforms is under our monitoring and in the event of any violation of this ToU including, but code of conduct we may without notice, revoke, suspend, deny or terminate your access to the Platforms.
11. USER CONTENT
11.1. You are solely responsible for all materials including, notes, drawing, graphics, assignments, content, audio, video, photographs, images, testimonials, documents, literary files, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Platforms or its forums and communities ("User Content").
11.2. You hereby grant us, our affiliates, our partners, group entities, subsidiaries (present or future), licensors or associates, a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable, assignable license to use, reproduce, of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish, create derivative works of the User Content and subsequent versions of User Content for the purposes of (i) displaying User Content on our Platforms, (ii) distributing User Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing User Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of User Content in any form, medium, or technology now known or later developed.
11.3. You acknowledge that LXL may in the course of providing you any program or interaction with you record your comments, feedbacks, observations, video, audio (hereinafter “Interactive Content)” and to the extent permissible under applicable laws you waive all your rights of privacy, publicity or any other intellectual property rights including moral rights in such Interactive Content and acknowledge that such Interactive Content shall be sole and exclusive property of LXL. LXL is free to publish all or part of Interactive Content in any form, medium, or technology now known or later developed including use thereof without any restriction.
11.4. You certify and represent that you own all intellectual property rights in User Content and/or have required licenses and permissions to post, reproduce, distribute, publish, transmit, display such User Content if it has any third-party intellectual property rights. You represent that our use of User Content shall not violate any third-party intellectual property rights or lead to any claims or loss or cause any damage and you will indemnify us in the event of breach of this representation.
12. CONTESTS AND EVENTS
12.1. LXL may conduct contests or events for its Users through its Platforms to encourage collaboration or participation amongst Users and such contests or events shall be governed by the terms stated herein in addition to specific terms for such contest. Participation is optional. LXL may announce the winners on its Platforms or any other publication it may deem fit. Users unconditionally consent to such publications.
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13. EDUCATIONAL PARTNER AND THIRD-PARTY LINKS
13.1. Our Platforms may contain links to third party websites or of our Educational Partner and some of our program contents on our Platforms is provided by such third parties or Educational Partner. Such websites, contents are owned by respective parties. We have no control over such websites and are not responsible for any contents available there or use of such content by you. Any use of such website, content or enrolment to such programs or interaction by you will be at your own risk, responsibility and liability and subject to the term and conditions and privacy policy of each of those websites and LXL makes no representation or warranty with regard to such websites or information contained therein. Any programs affiliated with Educational Partners or third parties are subject to their terms and applicable policies in addition to this ToU.
14. TRADEMARK AND BRANDS
LXL’s names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Platforms including in any Materials as defined under this ToU, domain names or any variants thereof are property of LXL. Any other names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of our Educational Partners or third-party service providers used on Platforms including in any Materials are property of respective owners. User shall not be entitled to raise any claims against such names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights and Materials in any manner whatsoever or use, reproduce, publish such names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights without explicit licenses from the respective owners. Said properties are protected under applicable intellectual property laws of India or as may be applicable.
15. LXL’S INTELLECTUAL PROPERTY RIGHTS
15.1. The technology and the software including intellectual property underlying our Platforms and our services is the property of LXL Foundation, and/or our affiliates or licensors. You agree not to copy, modify, lease, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Platforms or the services.
15.2. User acknowledges that all Materials on the Platforms are protected by Indian Copyright Act 1957, Trademarks Act 1999 amended provisions and other intellectual property rights laws and are sole and exclusive property of LXL and/or our affiliates or licensors.
15.3. User acknowledges the ownership and proprietary rights of LXL, its affiliates or licensors in the Platforms and/or Materials and agrees to not copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Materials in whole or in part except as expressly permitted under this ToU.
15.4. Any use in violation of terms hereof will constitute infringement of LXL’s or our affiliates or licensor’s copyrights, trademarks and other proprietary rights, and you may be subjected to criminal or civil proceedings.
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16. DISCLAIMER OF WARRANTY
16.1. We do not make any warranty as to the Materials or content on our Platforms. The Materials and content are distributed on an "as is, as available" basis. We disclaim any quality or accuracy of Material or content provided on our Platforms by third parties including our Partners.
16.2. Any Material or content accessed, downloaded or otherwise obtained through our Platforms is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from such actions. Any advice or information sought by a User from LXL (orally or in writing) regarding any services shall not constitute any warranty in any manner whatsoever.
16.3. NEITHER WE NOR ANY OF OUR EDUCATIONAL PARTNERS OR LICENSORS OR ASSOCIATES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES OR MATERIALS OR CONTENTS PROVIDED ON OUR PLATFORMS (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
16.4. WE DO NOT WARRANT THAT (I) OUR PLATFORMS WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, SECURE; OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PLATFORMS WILL BE ACCURATE OR RELIABLE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, PROGRAMS, INFORMATION, MATERIAL OR CONTENT THAT YOU PURCHASE OR OBTAIN THROUGH OUR PLATFORMS WILL MEET YOUR EXPECTATIONS OR (IV) AVAILABILITY OF ANY PROGRAM MATERIAL OR CONTENT ON CONTINUOUS BASIS.
16.5. LXL reserves the right to change the features or functionality of the Platforms or services being provided at any time, in its sole discretion, without any prior notice to User.
17. INDEMNITY
17.1. The User expressly agrees to defend, hold harmless and keep indemnified LXL its affiliates, subsidiaries and their respective officers, directors, employees, representatives, agents, lawful successors and assigns (“Indemnified Party”) at all times and make good any loss, damage, costs and expenses (including legal fees) that arises, or is suffered or incurred by Indemnified Party due to acts or omissions of the User, including any breach of any representation or warranty provided by the User under this ToU, or non-performance of any covenants under this ToU, including negligence, violation of applicable laws, or any third party claim of infringement or misappropriation of intellectual property rights including any claims arising from User posting User Content on Platforms contrary to the applicable laws of India and/or use of User Content by LXL, our affiliates, partners, group entities, subsidiaries (present or future), licensors or associates.
18. LIMITATION OF LIABILITY
18.1. NOTWITHSTANDING ANYTHING TO CONTRARY IN THE TOU, IN NO EVENT WILL LXL, ITS SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
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PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR PLATFORMS, RELIANCE ON THE INFORMATION OBTAINED FROM THE PLATFORMS WHETHER YOUR CLAIM IS BASED ON CONTRACT, TORT OR STATUTORY OR OTHER LAWS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT THE AGGREGATE LIABILITY OF LXL TO USER FOR ANY CLAIMS ARISING UNDER THIS TOU OR ANY SUPPLEMENTARY AGREEMENT OR OTHER POLICIES SHALL EXCEED FIFTY PERCENT (50%) OF THE AMOUNT PAID BY THE USER TO LXL PRIOR TO THE DATE THE CLAIM ARISES NOTWITHSTANDING THE NATURE OF THE CLAIM.
18.2. LXL, ITS SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR CLAIMS ARISING FROM THE USER’S POSTING USER CONTENT ON THE PLATFORMS OR ANY THIRD-PARTY INFRINGEMENT CLAIMS ARISING THEREFROM.
19. TERM
The terms of this ToU along with Supplementary Terms, policies, guidelines, code of conduct or any other terms applicable to you during the course of you using our services or Platforms shall continue to apply until terminated by either you or us as set forth below.
20. TERMINATION OR SUSPENSION OF USER ACCOUNTS
20.1. Users may terminate this ToU with LXL, by (i) not accessing the Platforms; or (ii) closing Your Account by writing to us at info@taisi.in.
20.2. LXL in addition to other remedies available under this ToU and applicable laws, may limit/restrict/decline User's access to the services on our Platforms or suspend or terminate or discontinue or deactivate or delete User’s account/registration in its sole discretion at any time without reason or giving prior notice or incurring any liability if:
- User is found to be in breach of this ToU or any Supplementary terms or policies as applicable from time to time;
- User has misrepresented facts or information or found to have furnished wrong/incorrect details;
- User conduct is in violation of applicable laws of India;
- User has indulged in unlawful activities or has misbehaved with other Users, vendors, partners, lecturers, staff, employees of LXL
- Any misconduct has been reported against the User;
- LXL has reasons to believe that User’s has indulged in actions which may infringe third party rights or threat to national sovereignty;
- LXL receives any order/notice from any judicial, quasi-judicial, administrative, regulatory, investigative body to suspend or terminate User’s account; or
- For any legal or policy reasons.
No claims shall be maintainable against LXL for any loss or damage that may be caused to the User or any person as a result of any termination, suspension, discontinuation, or deactivation of User’s account by LXL as above said.
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20.3. Any suspension of User account or restriction imposed temporarily will be in the instances where LXL may in its sole discretion investigate the default of User and reserves the right to reinstate such User’s account at additional cost or undertaking to be provided by the User.
20.4. The User shall not be entitled to any refund for any amounts already paid in the event of any termination, suspension, discontinuation, or deactivation of the account.
21. REPORT FRAUD
21.1. LXL or its employees will never contact you for your Personal Information or Sensitive Personal Information except as provided in the Privacy Policy. User must verify the identity of any person calling on behalf of LXL while responding to any calls, SMS or email to avoid falling victim to fraudsters or organized scams and shall never disclose any Personal Information or Sensitive Personal Information through aforesaid communication mediums until satisfied of the identity of the caller.
21.2. Users acting to any such fraud calls or requests shall be at User’s risk. If you are ever asked for such information, you may also report to us at info@taisi.in
22. REPORT CONTENT
22.1. If you find any content or Material on the Platforms unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, infringing User’s intellectual property rights please write to the Grievance Officer at info@taisi.in and LXL shall promptly investigate such incident and take reasonable action under applicable laws.
23. MISCELLANEOUS
23.1. This ToU including Privacy Policy, as applicable to any services offered by LXL constitutes the entire agreement between you and LXL Private Limited with respect to your use of Platforms and services offered by us.
23.2. Terms of this ToU including Privacy Policy, as applicable that, by their nature and content, are intended to survive the completion, rescission, termination or expiration of this ToU, shall so survive and continue to bind the Parties for the maximum period of time permitted under applicable law.
23.3. Nothing in this Agreement shall be construed as to create the relationship of employer-employee, partners, collaborators, joint-venture or principal-agent between the parties hereto.
23.4. We treat your information with confidentiality and all your information shared by you with us is governed by our Privacy Policy.
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23.5. Any notice as may be required in connection with your services with us or transaction or any notices required under any applicable laws, will be effective upon our posting them on our Platforms or delivering them to you through e-mail ID provided by you at the time of registration. LXL shall not be liable if you have provided incorrect email id. You hereby consent to receiving such notice on your email ID.
23.6. In the event of any circumstances or situations beyond our reasonable control including act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, or any other reason which limits our ability to service you (collectively “Force Majeure”), LXL may suspend, limit or terminate your access to the Platforms with written notice sent to your email ID and LXL will take all reasonable measures to mitigate any delay caused however, LXL cannot be held responsible for any such Force Majeure circumstance.
23.7. Any notice or communication may be sent by the User by writing to us at info@taisi.in or send by post at our Registered Office:
Grievance Officer
LXL Foundation
#175, 2nd Cross,
Lower Palace Orchards
Bangalore - 560003
23.8. The ToU is subject to amendment and modifications from time to time. LXL may make such amendments or modifications without any notice. You are expected to periodically visit our Platforms and be abreast with the latest version.
23.9. LXL may also incorporate any feedback or suggestion shared by Users in any material or content; User acknowledges that LXL is not responsible to give any credit to the User for such changes neither any intellectual property of the User shall be recognized therein. User waives all claims including moral rights in his/her suggestions or feedback.
23.10. If any provision of this ToU is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this ToU shall continue to be in full force and effect.
23.11. Failure or delay on part of either Party to enforce any provision(s) of this ToU at any point of time shall not be construed to be a waiver by such Party of such rights thereafter to enforce each and every provision of this Agreement.
23.12. LXL may assign or transfer its rights, obligations, benefits, either in whole or in part, without the prior written consent or intimation to the User. User is not entitled to transfer or assign his/her rights, obligations or benefits under this ToU or any Supplementary Agreement or policies governing User’s relationship with us.
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23.13. These terms shall be construed in accordance with the laws of India, and for any disputes arising herein, parties’ consent to the exclusive jurisdiction of courts in Bangalore, India.
24. CONCERNS AND FEEDBACK
24.1. For any concerns, complaints or feedback please write to us at info@taisi.in. We will promptly look into your concerns and resolve your concerns within the prescribed time limit under applicable laws.
25. GRIEVANCE OFFICER
25.1. In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer is specified below. We will promptly look into your grievance/complaint and resolve your complaint within 15 days of its receipt by us or any such time period as prescribed by applicable laws whichever is more.
Grievance Officer
Email ID: info@taisi.in
Registered Address:
LXL Foundation
#175, 2nd Cross,
Lower Palace Orchards
Bangalore - 560003
Effective Date: 31stJuly, 2024
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