Terms of Use:

Last updated February 18, 2022

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This website lykalearning.com is owned and operated by Lyka Learning LLP

The use of the Website is only for individuals competent to contract as per applicable Indian laws (i.e. person above 18 years of age, and who are sound mind and not disqualified from contracting by any law to which he/she is subject). In case any person who is below 18 years of age, the Website may be accessed by such a person, only where consent of the parents/ legal guardians who are competent to contract and act on behalf of such minor or child or person has consented to such use and who has indicated such consent by accepting these terms and conditions in the manner stated in paragraph 1 below. Such parents/ legal guardians will be responsible for adhering to these Terms of Use and for the actions of the minor, child or the person. Any person using the website pursuant to this paragraph shall hereinafter be referred to as a “User” and a reference to “you” in these Terms of Use shall mean a reference to a User. Lyka Learning LLP will hereinafter be referred to as the Company.

1. User Agreement

1.1. These Terms of Use (“Terms of Use”) together with the privacy policy (“Privacy Policy”) on the Website, will constitute a binding contract between the Company you. The Privacy Policy set out shall form a part of these Terms of Use by means of reference.

1.2. By using the Website from any electronic device, you agree to abide by these Terms of Use and the Privacy Policy as amended from time to time. Please read these Terms of Use and the Privacy Policy carefully before using or availing the services offered through the Website. If you do not agree to abide by/ be bound by these Terms of Use and the Privacy Policy, then in that event you should not use the Website.

1.3. You acknowledge and agree that you have, of your own free will, agreed to be bound by these Terms of Use and the Privacy Policy posted on the Website by virtue of registering yourself on the Website and by clicking on “I Agree” or “Agree” or “I Accept” or “Accept” tabs/ buttons on the Website/App as a part of the registration process or signing these Terms of Use below.

1.4. You hereby agree and undertake that you shall use the Website strictly in accordance with these Terms of Use and the Privacy Policy only.

1.5. You agree to provide the Company with any information or documents as may be requested by the Company or any other authority without any protest for the purpose

of enabling the Company and/or authority to verify the accuracy of the information provided by you and conformity of your use of the Website with these Terms of Use.

1.6. You shall not hack or render useless or try to illegitimately gain admission into or corrupt any part of the Website or any other records, computer, device, network, storage, system of the Company through any means whatsoever.

2. Commercial Terms

2.1. Each course will be accessible from the date of purchase till the completion of the Board Exams. The access code to the courses will only be provided subject to your acceptance of these Terms of Use.

2.2. The Company shall be entitled to change its pricing policies from time to time, without any prior notice to you.

2.3. You hereby expressly state that you are validly entitled to make payment to the Company as per the terms and conditions as may be agreed between the Company and you from time to time. You agree and undertake to comply with the exchange control laws, foreign exchange control and any similar laws and regulations applicable to you while dealing with and making payments for availing the services of the Company.

2.4. As the original purchaser, you may not copy any material with the intent of sharing or distributing the same.

2.5. All assignments need to be submitted for correction at least 5 days before the expiry date of the course.

2.6. Each assignment can be submitted for correction and feedback only once.

2.7. Correction and feedback will only be provided for the assignments published in the courses.

2.8. No access to the courses will be permitted after the expiry date for any reason whatsoever.

2.9. No refund is possible after payment has been received and access provided for the courses˙ purchased.

2.10. If any module is unused or incomplete on the expiry date, it will have to be repurchased. No extensions are possible.

3. Disclaimers and Limitation of Liability

3.1. You acknowledge that the services/content/materials provided on the Website may or may not meet your expectations. The Company does not assure or guarantee that the products and services delivered would necessarily secure an optimum result.

3.2. You are solely responsible for any decisions made by you in regard to the modules/products and services of the Company.

3.3. The Company shall not be held liable for any costs, claims, damages or injuries suffered by the User owing to use of the Website/ the content therein or any modules provided, in any manner whatsoever.

3.4. The Company shall endeavour to provide accurate and hassle-free information/content to the Users of the Website in an uninterrupted and secured manner, but the accuracy, reliability and security of the services, any descriptions, qualifications, abilities, performance or other attributes cannot be guaranteed, and you acknowledge that the data/information on the Website could have errors or may not be up to date, for which the Company cannot be held accountable or liable at any time.

3.5. The Company may undertake maintenance of the Website, undertake actions interrupting use of the Website, upgrade software, repair technical issues, modify the Website, deal with any other circumstances beyond the Company’s control or delete, modify, or add any accounts on social media platforms from time to time, without any notification to the User. The User acknowledges and agrees that the aforesaid circumstances may result in interruption of services on the Platform. The User agrees to co-operate with the Company during such times.

3.6. The User agrees and understands that the Company shall not be held responsible, liable for the disruption of services or non-performance of the terms of these Terms of Use and Privacy Policy or the costs and consequences arising from disruption of services or the non-performance of the terms of these Terms of Use and Privacy Policy, owing to a force majeure event such as national emergency, pandemic, war, riots, insurrections, acts of terrorism/ public enemies, civil disturbances, prohibitive governmental regulations or the orders of any judicial / legislative authority, strikes, lockouts or other industrial disturbances, fire, floods, lightning, violent winds, cyclones, severe rains, earthquake or other acts of God, hardware or software crashing or failures, or any other cause beyond the reasonable control of the Company that renders use of the Website impossible.

3.7. The Company shall not be responsible for any loss of data or deletion of any data that may have been provided by the User resulting from such interruption of any service.

3.8. The Company shall not be responsible or liable for any loss or deficiency of any services availed through the Website. The Users shall use the Website at their own risk.

3.9. You acknowledge that the Company may as part of the features or services offered through the Website, display advertisements, promotions, offers, enrolments, provide links to third party websites with whom the Company may have a business or contractual relationship for which the Company may or may not receive monetary gain. However, any engagement of the User with such third parties is entirely at the sole risk

of the User as to costs and consequences. The Company has not examined or evaluated the content, accuracy, completeness, legality, decency, quality or any other aspect of such third-party websites. The Company shall also not be responsible or liable in any manner for any losses suffered or costs incurred by the User arising out of or in relation to any such engagement with third parties or third party websites or any transaction that the User may enter into pursuant to use of the Website.

3.10. No advice or information, whether oral or written, obtained from or through the Company will create any warranty not expressly made herein.

3.11. You acknowledge and agree that the Company shall not be responsible for any inherent risks of using the services on the worldwide web or internet generally including phishing, hacking, corruption of data, and piracy. You agree that by using the Website, you assume all associated risks of using the Website on the internet.

4. Intellectual Property and Proprietary Information

4.1. The Company is legally entitled to use of trademarks, word marks, logos used on the Website. The Company is the owner of the Website, including but not limited to the source code, object code, scripts, logos, design, graphics, displays, interactive platforms, button icons, arrangement, software, content on the Website, content of modules including but not limited to the arrangement of such content, presentation of such content, which are available or has been made available through the Website or pursuant to any other mode to the User (“Proprietary Information”). All content/modules made available to a User is either owned by the Company or irrevocably assigned to the Company. The User is not entitled to Proprietary Information or any other intellectual property of the Company in any manner whatsoever.

4.2. Nothing contained on the Website should be construed as granting any licence or right to any User, to use the Proprietary Information or any other intellectual property belonging either to the Company and/or third party service provider associated with the Website, in any manner whatsoever. Subject to what is stated in the paragraph above, any other material displayed on the Website/ in modules provided to a User that is capable of being protected as intellectual property shall be the property of the Company and nothing contained therein should be construed as granting any licence or right to the User to use any such material without the prior written permission of the Company.

4.3. The User agrees that they shall not, in any manner whatsoever –

· claim the Proprietary Information as his own, remove any logo/statements which identify the Proprietary Information as Proprietary Information of the Company;

· design, develop or engineer a website or application deceptively similar to the Website

· download (other than as specified above), duplicate, repackage, copy, alter, modify any Proprietary Information or any other intellectual property available on the Website;

· distribute the Proprietary Information or offer or share the Proprietary Information anywhere on the internet including but not limited to personal sites, school sites, blogs, Google Docs, internet or chat sharing groups or shared databases or any in any other ways or means not specified herein.

· publicise or use for commercial gain any Proprietary Information or any other intellectual property on the Website; ands.

5. Indemnity

5.1. You shall indemnify and hold safe harmless indemnified the Company, shareholders of the Company, the employees, directors, affiliates, representative, sub-contractors, agents and associates of the Company from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (i) your access and use of the Website/Proprietary Information, (ii) your breach of these Terms of Use / Privacy Policy; (iii) your misrepresentation, negligence, misconduct, non-compliance or violation of any applicable laws, violation of a third party right; (iv) any wrong or incorrect information provided by you to us, in any manner whatsoever.

5.2. This indemnity shall survive the termination of these Terms of Use and Privacy Policy. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of or by us and/or our suppliers, licensors, affiliates, partners, subsidiaries, employees, representatives, agents and/or members.

6. Communication

The Company may communicate with the User by multiple mediums including but not limited to notices/ push notifications on the Website or notifications via e-mail, SMS, WhatsApp chats, telephone calls or any other means of communication that the Company may deem fit. The User agrees to receive communications from the Company directly or indirectly or via any third party associated with the Company.

7. Dispute Resolution

Any dispute between you and the Company arising out or in relation to these Terms of Use and/or the Privacy Policy, shall be referred to arbitration to be conducted by a sole arbitrator mutually appointed by both the Parties. The seat of arbitration proceedings shall be Mumbai, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English.

8. Governing law and Jurisdiction

8.1. These Terms of Use and the Privacy Policy shall be governed by the laws of India.

8.2. Subject to clause 11 above, the courts in Mumbai shall have exclusive jurisdiction in relation to these Terms of Use and/or the Privacy Policy.

9. Amendment

We may at any time as we think it is fit, change the terms and conditions of these Terms of Use and/or the Privacy Policy without advance notice to you. Your continued use of the Website after such change in these Terms of Use and/or the Privacy Policy will mean and imply that you accept the new and/or modified terms and conditions of these Terms of Use and/or the Privacy Policy. Kindly re-visit the ‘Terms of Use’ link at our site from time to time to keep yourself familiarized with any changes that may be made to these Terms of Use or Privacy Policy to enable you to adhere to the same. It is clarified that any amendments or modifications to these Terms of Use shall be effective immediately upon posting.

I have read all the terms and conditions and find them acceptable.