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These Terms and Conditions (“Terms”) are an agreement between FortunaPIX Private Limited along with its affiliate(s) (operating under the brand name ‘LernBag’) (hereinafter referred to as ‘FortunaPIX’ or ‘We’ or ‘Us’ or ‘Our’ or ‘Company’) and its users (hereinafter referred to as ‘User’ or ‘You’ or ‘Your’)
These Terms govern the Users of Our website www.LernBag.com (“Website”) and the other associated applications, products, websites and services managed by Us and constitute an electronic record in accordance with the provisions of Applicable Law.
“Applicable Law” shall mean any treaties, statutes, enactments, act of legislature, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned, including any amendments issued from time to time;
“Intellectual Property” shall mean all intellectual property subsisting in the Website(including but not limited to the content of videos, cool facts, learning path, concept maps, labs, simulations etc., hosted on the Website), and the other associated applications, products, websites and services managed by Us, including trademarks, patents, patent applications, inventions (whether or not patentable and whether or not reduced to practice), utility models, service marks, trade names, brand and the goodwill associated therewith, right in designs, copyrights, rights in databases, proprietary rights, moral rights, technical, commercial or financial information of a proprietary or confidential nature, technical and computer data and software, logos, slogans, trade secrets, know-how, license, franchisees, formulations, technology, designs, copyrightable work, original work of authorship, neighbouring rights, moral rights and related rights, data base rights and mask work, trade or business names, internet domain names, processes, geographical indications, integrated circuits, exploitation of any present or future technologies, proprietary information, and other intellectual property rights, in all cases whether or not registered or registrable and including registrations and applications for registration or renewal of any of these, and all rights to apply for the same, rights to receive equitable remuneration in respect of any of these and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Person” shall mean any individual including Sole Proprietorship, HUF, Partnership Firm, LLP, unincorporated association, Company, body Corporate, corporation, joint venture, trust, any Governmental Authority or any other entity or organization.
“Third party” shall mean any Person other than You and Us.
Except as mentioned below, all information, content, material, Intellectual Property contained in the Website, other associated applications, products, websites and services are the proprietary property of FortunaPIX (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from Us.
By providing the Website and other associated applications, products, websites and services, there is no express/ implied/ deemed license of or any other right, interest or title to or in any of the Intellectual Property rights belonging to Us or any other Third party, conferred to the User. You may own the medium on which the information, content or materials reside, but We shall at all times retain full and complete title to the information, content or materials and all Intellectual Property rights inserted by Us on such medium.
Certain contents on the Website may belong to Third parties. Such contents have been reproduced after taking prior consent from such party and all rights relating to such content will remain with such Third party. Further, You recognize and acknowledge that the ownership of all Intellectual Property owned by any Third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective Third party.
Your use of Our Website and other associated applications, products, websites and services shall be solely for Your personal and non-commercial use and shall be subject to the following restrictions:
Any other uses including commercial uses shall be prohibited unless otherwise separately negotiated and contracted with FortunaPIX in writing.
In the preparation of the Website and other associated applications, products, websites and services 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, We disclaim any responsibility for any errors and accuracy of the information that may be contained in the Website and other associated applications, products, websites and services. Any feedback from User is most welcome to make the Website and other associated applications, products, websites and services and contents thereof error free and User friendly. We also reserve the right and discretion to make any changes/ corrections or withdraw/ add contents at any time without notice. Neither FortunaPIX nor any Third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website and other associated applications, products, websites and services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Our Website provides Users with access to various interactive educational content including but not limited to Digital Learning Objects such as Videos, Concept Maps, Assessments, Learning Maps, Labs, Simulations etc. and other relevant information for limited time frame. Such information is provided on an “as is basis” and for information purposes only. We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be held liable to update or ensure continuity of such information contained on the Website.
From time to time the Website 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 the Company’s prior written consent.
The contents of the Website and other associated applications, products, websites and services are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses and the usage 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. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in Website and other associated applications, products, websites and services does not imply endorsement of any particular method nor exclusion imply disapproval. Usage of Website and other associated applications, products, websites and services 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.
We shall contact You through SMS, email or telephone, to give information about Our product/ service offerings as well as notifications on various important updates and/ or to seek permission for demonstration of Our products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, You agree to make your contact details available to Our employees, associates and partners so that You may be contacted for education information and promotions through telephone, SMS, email etc. In case You would like to opt out from any of our communications, please do write to us at Sales@LernBag.com.
While the Company has made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.
The Website and other associated applications, products, websites and services of FortunaPIX are compatible only with certain devices/ tablets/ instruments/ hardware. The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any Third party which are not compatible with the Company’s products and Services. The Company reserves the right to upgrade the type of compatible devices as required from time to time.
The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and services.
In order to access the services and to avail the use of the Website and other associated applications, products, websites and services, You shall be required to register Yourself with the Website and other associated applications, products, websites and services. You will be required to furnish certain information and details, including Your name, organisation’s name, type of organisation, email address, mobile number, password and any other information deemed necessary. With respect to the provision of information, the following may be noted:
Persons who are "competent/ capable" of contracting within the meaning of Applicable Law shall be eligible to register in Our Website and other associated applications, products, websites and services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or services.
You agree to defend, indemnify and hold harmless the Company, 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:
This defense and indemnification obligation will survive these Terms.
In the event of any 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.
Use of the Website and the other associated applications, products, websites and services managed by Us is subject to compliance with these Terms. You acknowledge and agree that FortunaPIX may terminate Your access to the Website should you fail to comply with the Terms. Any such termination shall be in FortunaPIX's sole discretion and may occur without prior notice, or any notice. FortunaPIX further reserves the right to terminate any User's access to the Website for any conduct that FortunaPIX, in its sole discretion, believes is or may be directly or indirectly harmful to other users, FortunaPIX or its subsidiaries, affiliates, or business contractors, or to other Third parties, or for any conduct that violates any local, or foreign laws or regulations.
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 Hyderabad, Telangana, India and You hereby accede to and accept the jurisdiction of such courts.
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 support@LernBag.com
PLEASE print a copy of these Terms for Your records and PLEASE check the Site frequently for any changes to these Terms.
The information contained in this website is for general information purposes only and provided on an “as is” basis by FortunaPIX Private Limited and its affiliate(s), wherever applicable (hereinafter referred to as ‘FortunaPIX’ or ‘We’).
While We endeavour to keep the information up to date and correct, We make no representations or warranties of any kind, whether express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Nothing on this website constitutes, or is meant to constitute, any advice or recommendation of any kind. The website is a repository of all the digital assets created as a part of our offerings in interactive digital learning solutions for the K-12 education. Access to the website is only provided to businesses, schools, institutions, distributors, Education boards and other institutional customers (not being individual end-users). If you require any advice in relation to any material posted on the website, please consult an appropriate professional.
In no event will We be liable to you under any law of contracts, torts or otherwise in relation to the contents of, or use of, or otherwise in connection with, this website for:
The limitation of liability shall also apply to the employees, directors, agents and affiliate(s) of FortunaPIX.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you may not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
We do not represent or warrant that any files obtained from or through this site or a linked site are free from computer viruses or other defects. The relevant persons accept no liability for the presence of computer viruses or other defects. You are responsible for taking precautions as necessary to protect your computer systems and information therein from viruses, worms, Trojan horses, and other harmful or destructive content.
Every effort is made to keep the website up and running smoothly. However, FortunaPIX takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical glitches or issues beyond our control.
FortunaPIX is located at –