Terms of Use

By using this website, you signify your assent to the LearningMate Internet Privacy Statement. If you do not agree to this policy, please do not use our website. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Please check this page periodically for changes. Your continued access of LearningMate Website following the posting of changes to these terms means you accept these changes.

TERMS OF USE

LearningMate Solutions Private Limited (“LearningMate”) is the owner of the platform Learning eXchange (LX) (“Platform”) hosted at lxdemo.learningmate.com (“Website”).  This Website aims to provide a software platform for online learning products to members of this Website (“Members”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Acceptance to the Terms of Use

If you do not agree to these terms you may not use this Website.  By using this Website, you signify your agreement to this Terms of Use and the Privacy Policy (being hereby incorporated by reference herein.)  This Terms of Use sets out the legally binding terms of use of the Website (which definition shall include the Platform).  LearningMate reserves all rights to change, modify, add or delete portions of these Terms of Use at any time.  LearningMate reserves the right to modify or terminate any of the Website services for any reason, and without notice, without liability to you or any third party.  You are responsible for regularly reviewing the Terms of Use so that you will be aware of any changes.  Nothing in the Terms of Use should be construed to confer any rights to any Members and / or  third party beneficiaries.

Intellectual Property

The Website consists of information, content and material either created or posted by both LearningMate employees or Members. For the purposes of these terms of use Members contributing content shall hereinafter be referred to as the “Author”. All information, content and material contained in the Website (other than content generated by Members and Authors or unless otherwise expressly stated) are LearningMate’s copyrighted property or the copyrighted property of LearningMate’s licensors or licensees.  All trademarks, services marks, trade names, and trade address are proprietary to LearningMate and / or LearningMate’s licensors or licensees.  No information, content or material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without LearningMate’s or the Author’s express written permission.

Intellectual Property Rights Policy

LearningMate prohibit Members and  the Authors from using the Website and posting content that in anyway infringes third party intellectual property rights (such as copyright, trademark and trade dress). LearningMate encourage intellectual property rights owners to contact us if they believe that a Member or the Authors has infringed their rights. If you let us know that your rights are being infringed by one of our Member or Authors  , LearningMate will (in our discretion) require that the Member’s / Author’s content is removed from the Website.

Restrictions on Use

By using the Website, you represent and warrant that:

1. You are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation.
2. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
3. Your membership is solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other Members and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
4. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
5. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these terms of use, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit  or make available.
6. You will not (a) use any product or service available on the Website for commercial purposes of any kind, or  (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind.  In the event you want to advertise your product contact product.sales@learningmate.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
7. You will not use the Website in any way that is unlawful, or harms LearningMate or any other person or entity, as determined in LearningMate’s sole discretion.
8. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website.
9. You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
10. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
11. You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

Monitoring

LearningMate reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If LearningMate determines, in its sole and absolute discretion, that any Member or Author will breach a term or condition of this Website or that such posting or communication is inappropriate, invalid or incorrect, LearningMate may cancel such posting or communication or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you, any other Member, Author or any third party.

Modification of the Website

LearningMate reserves the right to modify the organization, structure of the Website, and may change, suspend, or discontinue any aspect of the Website at any time without any liability to you or any third party. LearningMate have complete discretion over the features, functions, and other terms and conditions on this Website.

Links to other websites

You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by LearningMate and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that LearningMate is not responsible for those sites. LearningMate reserves the right to disable links to or  from third-party sites to the Website, although LearningMate is under no obligation to do so.

Errors and Correction

LearningMate does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. LearningMate does not represent or warrant that the information available on or through this Website will be correct, accurate, timely or otherwise reliable.

Advertisements

All advertisers and sponsors shall be responsible for ensuring that all material submitted for inclusion on this Website is accurate and complies with applicable laws including the Code for Self-Regulation of Advertising in India established by the Advertising Standards Council of India. LearningMate shall not be responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

Third Party Content

LearningMate cannot and will not assure that other Members are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and LearningMate, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

No Liability

You expressly understand and agree that:

1. The information, content and materials on this website are provided on an “as is” and “as available” basis. LearningMate and all its subsidiaries, affiliates, authors, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
2. LearningMate does not warrant that the functions contained in content, information and materials on the website, including, without limitation user-generated content, or any third party sites or services linked to the website will be uninterrupted, timely or error-free, that the defects will be rectified, or that the website or the servers that make such content, information and materials available are free of viruses or other harmful components.
3. Any material downloaded or otherwise obtained through the website is accessed at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results for such download.

You hereby indemnify, defend, and hold LearningMate and its licensors, licencees, distributors, authors, agents, representatives and other authorized users, and each of the foregoing entities respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively “indemnified parties”) harmless from and against any and all loses, damages, liabilities and costs that may arise from your use of the Website.

You expressly understand that under no circumstances, including, but not limited to, negligence, shall LearningMate be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the Website  or (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website or (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website; or (v) any other matter relating to the website.

Dispute Resolution

This Term of Use is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Website, shall be subject to the jurisdiction of the courts at Mumbai, India.

Waiver

Any failure of LearningMate to exercise or enforce any right or provision of this Terms of Use shall not operate as a waiver of such right or provision.