Terms and Conditions of Use

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.

Please read the Terms and the Privacy Policy of the Company (“Privacy Policy”) with respect to registration with Us, the use of the Website, other associated applications, products, websites and services. In the event of any discrepancy between the Terms and any other policies, the provisions of the Terms shall prevail.

Your use/ access/ browsing/ registration of the Website or associated applications, products, websites and services managed by Us, with or without payment/ subscription or through any other means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same. If You do not agree with the Terms or the Privacy Policy, You should not use the Website or other associated applications, products, websites and services. Any access to Our services/ application/ products through registrations/ subscription is non-refundable and non-transferable.

We reserve the right to change the Terms and the Privacy Policy at any time, so please check regularly to keep informed of the updates to the Terms and Privacy Policy. The date of last revision shall be reflected on the Website, in case of any changes in the Terms and Privacy Policy.

1. Definitions

“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.

2. Proprietary Information

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.

3. No license/ right

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.

4. Third party content

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.

5. Permitted Uses

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:

1. You may not decompile, reverse engineer, or disassemble any contents or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and other associated applications, products, websites and services, or remove any copyright, trademark registration, or other proprietary notices from the contents thereof.
2. You shall not use the Website and other associated applications, products, websites and services for:
   1. Commercial purposes of any kind, or
   2. Advertisement or sale (whether or not for profit) or solicitation (including, without limitation, solicitations for contributions or donations) or use in any public forum for commercial purposes of any kind or
   3. Any unlawful or harmful activities that may affect Us or any Third party as determined by Us.
3. You shall not be permitted to perform any of the following activities:
   1. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   2. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
   3. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
   4. Interfering with any other Person's/ user’s use or enjoyment of the Website and other associated applications, products, websites and services;
   5. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of Intellectual Property or making available any material that infringes any Intellectual Property rights or other proprietary rights of anyone else;
   6. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
   7. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a Person or entity;
   8. 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 Website, applications/services, 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;
   9. Access or use in any manner that could damage, disable, overburden or impair any of servers or the networks connected to any of the servers on which the content is hosted;
   10. Intentionally or unintentionally interfere with/ disrupt the services/ violate any applicable laws related to the access/ use by other Users, violate any requirements, procedures, policies or regulations of connected networks, or engage in any activity prohibited by these Terms;
   11. Disrupt or interfere with the security of, or otherwise cause harm to, the Website and other associated applications, products, websites and services, materials, systems resources etc.
   12. Gain unauthorized access to User accounts, passwords, servers or networks connected to or accessible whether directly or through any affiliated or linked sites;
   13. Interfere with, or inhibit any User from using and enjoying access to, or engage in disruptive attacks such as denial of service attack on the Website and other associated applications, products, websites and services
   14. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic and to access, acquire, copy or monitor any portion of the Website and other associated applications, products, websites and services, or in any way reproduce or circumvent the navigational structure or presentation, or any content, to obtain or attempt to obtain any content, documents or information therefrom through any means not specifically made available;
   15. Use the Website and other associated applications, products, websites and services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

   Any other uses including commercial uses shall be prohibited unless otherwise separately negotiated and contracted with FortunaPIX in writing.

6. Inadvertent errors

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.

7. Updates

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.

8. Third party sites

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.

9. Alignment to Curriculum

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.

10. Communication

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.

11. Sales

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.

12. Compatibility

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.

13. Damage

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.

14. Registration

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:

1. 1. It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.
   2. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account.
   3. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of Your account. 
   4. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or We may suspend Your account without any liability to the Company, for such period of time as We deem appropriate in the circumstances.
   5. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
   6. You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access the Website and other associated applications, products, websites and services at any time.

15. Competent Persons

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.

16. Indemnity

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:

1. 1. Your use of and access of the Website and other associated applications, products, websites and services;
   2. Your violation of any term of these Terms or any other policy of the Company;
   3. Your violation of any Third party right, including without limitation, any copyright, trademark, intellectual property, or privacy right; or
   4. Any claim that Your use of the Website and other associated applications, products, websites and services has caused damage to a Third party.

This defense and indemnification obligation will survive these Terms.

17. Breach

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.

18. Conditions and Restrictions on use

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.

19. Interpretation and jurisdiction

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.

20. General Provisions

1. 1. Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to support@LernBag.com
   2. Entire Agreement: The Terms, along with the Privacy Policy, legal disclaimer and any other guidelines made applicable to the Website and other associated applications, products, websites and services from time to time, shall constitute the entire agreement between the Company and User with respect to the User’s access to the use of Website and other associated applications, products, websites and services thereof.
   3. Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any Third party. The Company’s rights under the Terms are freely transferable by the Company to any Third parties without the requirement of seeking Your consent.
   4. 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.
   5. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
   6. Relationship: You acknowledge that Your participation on the Website, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
   7. Opportunity: The Company provides these Terms so that You are aware of the terms that apply to Your use of the Website and other associated applications, products, websites and services. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them on Your own will and volition.
   8. Feedback: We welcome any feedback from You. Any feedback You provide with respect to the Website shall be deemed to be non-confidential. By submitting the feedback, You represent and warrant that:
      1. Your feedback does not contain confidential or proprietary information of You or of Third parties;
      2. The Company is not under any obligation of confidentiality, express or implied, with respect to the feedback;
      3. The Website and other associated applications, products, websites and services may have something similar to the feedback already under consideration or in development; and
      4. You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
   9. Responsibility: Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even if such content is offensive, hurtful or offensive. Please exercise caution while accessing the website

21. Customer Care

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.