Terms Of Service Agreement
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.learnpanda.school (the "Website"), InnovEd K-12 Technologies Pvt. Ltd. ("Business Name") offer of products for purchase or any other digital transaction or engagement on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. InnovEd K-12 Technologies Pvt. Ltd. reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. InnovEd K-12 Technologies Pvt. Ltd. will alert you that changes, or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. InnovEd K-12 Technologies Pvt. Ltd. encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with InnovEd K-12 Technologies Pvt. Ltd. for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for use or sale certain digital products and features (the "Products"). By using the features through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third-party call centre reps or direct InnovEd K-12 Technologies Pvt. Ltd. sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from InnovEd K-12 Technologies Pvt. Ltd. and its designated inhouse or third-party call team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may send a written remove request to - InnovEd K-12 Technologies, Niton Compound, No 11/4, Block B1, Palace Rd, near Mount Carmel College, Bengaluru, Karnataka 560052.
Proprietary Rights:InnovEd K-12 Technologies Pvt. Ltd. has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by InnovEd K-12 Technologies Pvt. Ltd. . InnovEd K-12 Technologies Pvt. Ltd. also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
Payment Terms and Refund Terms:Unless otherwise expressly agreed in writing by InnovEd K-12 Technologies, full payment for purchasing a Product Licence is required. It is the sole responsibility of the user purchasing a Product Licence to check the accuracy of, and evaluate the suitability and relevance of, the Product purchased. The Product Licence is non-transferable.
To purchase products or services offered by InnovEd K-12 Technologies through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). InnovEd K-12 Technologies does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case InnovEd K-12 Technologies’s third-party payment provider stores any such information, InnovEd K-12 Technologies will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and InnovEd K-12 Technologies is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform. Failure to pay may result in withdrawal of your access to a Product. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. InnovEd K-12 Technologies does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrollment/purchase.
No refund will be made once the payment (in part or whole) for a Product has been purchased. We do not provide refunds for the lack of usage or dissatisfaction.
GST: If you purchase any Products, you will be responsible for paying any applicable GST.
Content - Intellectual Property; Third Party Links: In addition to making Products & features available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. InnovEd K-12 Technologies Pvt. Ltd. does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that InnovEd K-12 Technologies Pvt. Ltd. does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. InnovEd K-12 Technologies Pvt. Ltd. does not necessarily endorse the contents on any such third-party websites. InnovEd K-12 Technologies Pvt. Ltd. is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to or purchase products from third-party websites, on being re-directed to from www.learnpanda.school , you do so at your own risk and are bound by the Terms & Conditions of the third-party website.
Use of Website - InnovEd K-12 Technologies Pvt. Ltd. is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes.
License - By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from InnovEd K-12 Technologies Pvt. Ltd. or the applicable third party (if third party content is at issue).
Posting - By posting, storing, or transmitting any content on the Website, you hereby grant InnovEd K-12 Technologies Pvt. Ltd. a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. InnovEd K-12 Technologies Pvt. Ltd. does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. InnovEd K-12 Technologies Pvt. Ltd. is not liable for any damage or harm resulting from any posts by or interactions between users. InnovEd K-12 Technologies Pvt. Ltd. reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content InnovEd K-12 Technologies Pvt. Ltd. deems objectionable, at InnovEd K-12 Technologies’ sole discretion.
Your use of this website and/or products are at your sole risk. the website and products are offered on an "as is" and "as available" basis.
InnovEd K-12 Technologies Pvt. Ltd. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. ("products" include trial products.)
Without limiting the generality of the foregoing, InnovEd K-12 Technologies Pvt. Ltd. makes no warranty:
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
InnovEd K-12 Technologies Pvt. Ltd. will not be liable for any direct, indirect, incidental, special, or consequential damages in connection with this agreement or the products or features in any manner, including liabilities resulting from
You will release, indemnify, defend, and hold harmless InnovEd K-12 Technologies Pvt. Ltd., and any of its Partners, vendors, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
When InnovEd K-12 Technologies Pvt. Ltd. is threatened with suit or sued by a third party, InnovEd K-12 Technologies Pvt. Ltd. may seek written assurances from you concerning your promise to indemnify InnovEd K-12 Technologies Pvt. Ltd.; your failure to provide such assurances may be considered by InnovEd K-12 Technologies Pvt. Ltd. to be a material breach of this Agreement. InnovEd K-12 Technologies Pvt. Ltd. will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of InnovEd K-12 Technologies Pvt. Ltd. choice at its expense. InnovEd K-12 Technologies Pvt. Ltd. will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend InnovEd K-12 Technologies Pvt. Ltd. against any claim, but you must receive InnovEd K-12 Technologies Pvt. Ltd. prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: InnovEd K-12 Technologies Pvt. Ltd. will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, unforeseen economic downturn, lockout, or boycott.
Cessation of Operation: InnovEd K-12 Technologies Pvt. Ltd. may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and InnovEd K-12 Technologies Pvt. Ltd. and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of InnovEd K-12 Technologies Pvt. Ltd. to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Bangalore, Karnataka State. This Agreement will be governed by the laws of the State of Karnataka, India, without regard to its conflict of law principles to the contrary. Neither you nor InnovEd K-12 Technologies Pvt. Ltd. will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnataka, India. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: InnovEd K-12 Technologies Pvt. Ltd. reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement or the Honour Code. Following termination, you will not be permitted to use the Website and InnovEd K-12 Technologies Pvt. Ltd. may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products or customer data. If your access to the Website is terminated, InnovEd K-12 Technologies Pvt. Ltd. reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until InnovEd K-12 Technologies Pvt. Ltd. chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: InnovEd K-12 Technologies Pvt. Ltd. makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment:You may not assign your rights and obligations under this Agreement to anyone. InnovEd K-12 Technologies Pvt. Ltd. may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.