// Terms & Conditions | Language King Academy

 

Terms & conditions

 

TERMS OF USE

Language King Academy Private Limited (hereinafter referred to as LKA”), on behalf of itself and its affiliates/group companies is the author and publisher of the internet resource www.languagekingacademy.com (“Website”). LKA is a facilitator, enabler, exhibitor of educational material for various examinations/ language courses and provides an interactive, unique e-learning platform enabling Teachers to create online courses for you/users to access quality education at affordable prices.

 

LKA owns and operates the services provided through its Website, which is an online live streaming education platform wherein Teachers can conduct live classes without being in your immediate physical proximity via online live-streaming and chatting. The Website is also engaged into selling of new and old books to its users and also provides library access to its Students for research and study purposes. By using this Website, you will have access to classroom teachings and course material online on the Website from anywhere in the world.

 

THIS AGREEMENT DEFINES THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ALLOWED TO USE THE WEBSITE AND DESCRIBES THE MANNER IN WHICH WE SHALL TREAT YOUR ACCOUNT WHILE YOU ARE REGISTERED AS A MEMBER WITH US. BY USING, ACCESSING, BROWSING, LOGGING IN, SIGNING UP OR SIGNING IN ON THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. NOTHING CONTAINED IN THESE TERMS OF USE (HEREINAFTER REFERRED TO AS “TERMS”) SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO A THIRD-PARTY BENEFICIARY. THESE TERMS CONSTITUTE AN ELECTRONIC RECORD IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 (“IG RULES”) THEREUNDER, AS AMENDED FROM TIME TO TIME. YOU ARE REQUESTED TO READ THE TERMS AND THE PRIVACY POLICY OF LKA WITH RESPECT TO REGISTRATION WITH IT, THE USE OF ITS WEBSITE, SERVICES AND PRODUCTS CAREFULLY BEFORE USING THE WEBSITE, SERVICES OR PRODUCTS OFFERED BY LKA. IN THE EVENT OF ANY DISCREPANCY BETWEEN THE TERMS AND ANY OTHER POLICIES WITH RESPECT TO THE WEBSITE OR SERVICES OR PRODUCTS OF LKA, THE PROVISIONS OF THE TERMS SHALL PREVAIL. YOUR USE, ACCESS, BROWSING, LOGGING IN, SIGNING UP OR SIGNING IN OF THE WEBSITE OR SERVICES OR PRODUCTS OR REGISTRATION (WITH OR WITHOUT PAYMENT/WITH OR WITHOUT SUBSCRIPTION) THROUGH ANY MEANS SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND YOU ARE LEGALLY BOUND BY THE SAME. IF YOU DO NOT AGREE WITH THE TERMS OR THE PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE OR AVAIL THE SERVICES OR PRODUCTS. ANY ACCESS TO LKA’S WEBSITE, SERVICES OR PRODUCTS THROUGH REGISTRATIONS/SUBSCRIPTION IS NON-TRANSFERABLE.

  1. AMENDMENT OF TERMS AND CONDITIONS

LKA reserves its right to modify or terminate the services for any reason, without prior notice, without liability towards you or any other members or third party. LKA also reserves the right to modify the Terms from time to time without notice. You agree to regularly review the Terms to keep yourself apprised and updated of any such kind of changes.

 

  1. ELIGIBILITY, REGISTRATION AND ACCESS
    • The decision to grant access to the services of LKA is the prerogative of the Website and its decision in this respect shall be final and binding on you. You consent that LKA reserves its right to take all necessary measures to deny access to its services or the termination of services, if the terms and conditions of the present agreement are not complied with or are contravened or there is any violation of copyright, trademark or other valuable proprietary right as described in this agreement. In order to use the service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay for the service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices; that do not form a part of the service.
    • In order to access and to avail the use of the Website, services and products, you shall be required to register yourself with the Website, and maintain an account with the Website. You will be required to furnish certain information and details, including your name, mobile number, e-mail address, residential address, grade/class of the student, school name, payment information (credit/debit card details) if required, and any other information deemed necessary by the Website. With respect to the provision of information, the following may be noted:
      • It is your sole responsibility to ensure that the account information provided by you is accurate, complete and latest.
      • You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to (a) ensure that you successfully log out from your account at the end of each session; and (b) immediately notify LKA of any unauthorized use of your account. If there is reason to believe that there is likely to be a breach of security or misuse of your account, LKA may request you to change the password or suspend your account without any liability towards LKA, for such period of time as LKA may deem appropriate in the circumstances. LKA shall not be liable for any loss or damage arising from your failure to comply with this provision.
      • You acknowledge that your ability to use your account is dependent upon external factors such as internet service providers and internet network availability and LKA cannot guarantee accessibility to the Website at all times. In addition to the disclaimers set forth in the Terms, LKA shall not be liable to you for any damages arising from your inability to log into your account and access the services of the Website at any time.
    • You have to specify the address to which the shipment has to be made at the time of purchase. All product(s) shall be delivered directly to the address as specified at the point of ordering and you cannot, under any circumstances whatsoever, change the address after the order is processed. In case of any change in the address, you need to specify the same to LKA in writing well in advance to the shipping date. Any inconsistencies in name or address will result in non-delivery of the product(s).
    • (a) For return of product(s) damaged at the time of delivery, the shipping charges shall be borne by LKA. However, for return any of the product(s) for any other reasons, it shall be your responsibility to arrange for the return of such cancelled product(s) and the shipping charges shall be borne by you. (b) You are requested to not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery. The products must be returned in the same condition as delivered by LKA. Any products returned showing signs of any use or damage in any manner shall not be accepted for return. (c)All requests for return of products have to be placed within 15 (fifteen) days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 15 (fifteen) days from the date of delivery.

 

  • TERMS OF SERVICES (Applicable to all Users)
    • You agree that the use of the Website, or any of its services or features or Content and user to user interface provided by the site, the information and material contained therein implies and constitutes your consent to this agreement, you unequivocally agree to abide by these terms and conditions.
    • You agree that LKA has opinions regarding the subject matter contained on this site and these opinions regarding subject matters contained on the site may be different from those prevalent at that point of time. You agree that you are aware that these opinions are subject to change from time to time without prior intimation.
    • You are aware and understand that LKA does not provide any judgment or warranty regarding the authenticity or correctness of the content of other services or sites that the screen links refer to. You are aware and understand that a link to another service or site is not an endorsement of the service or site and LKA shall not be responsible in any manner whatsoever for the consequences of any act or omission on your part on the basis of the information contained in such other services or sites.
    • You understand that the access to electronic, digital or virtual libraries provided by LKA is subject to certain terms and conditions imposed by third parties, which shall be applicable to LKA. You agree to follow these terms and conditions and not to perform any act or omission which shall result in breach of these terms and conditions on part of LKA. You agree to treat these terms and conditions as if they were directly applicable on you.
    • LKA reserves its right to monitor the use of all or any part of its service without any prior intimation or any obligation towards you.
    • You agree to not to alter the information, content or material or use such information, content or material contained on the Website for any purpose that constitutes a violation of the copyright of LKA or of a third-party information provider. You agree to not to copy, reproduce, republish, upload, post, transmit or distribute the material in any way for any use without obtaining the prior written consent from LKA.
    • If you do not agree to any of the terms mentioned in this agreement, then you should exit the Website through the browser.
    • LKA may use the information collected from the Users from time to time for the purposes of debugging customer support related issues.
    • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
    • LKA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that LKA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

 

 

3A.   TERMS OF SERVICES (Applicable to Teachers/Educators)

The Content, information, material and data have been posted on Website by exercising due diligence and care and are correct and true to the best of the knowledge and intent of LKA. However, you agree to independently verify the authenticity and veracity of the answers, information, material and content posted on the site. LKA does not hold any responsibility as to the authenticity and veracity of the answers, information, material and content on the site. You agree to indemnify the site against all actions brought out in this regard. The answers, information, material and content on the site posted by LKA should not be construed as an advice by you. Any action taken by a User/Student on the basis of the information contained on the site is your responsibility alone and LKA will not be liable in any manner for the consequences of such action.

 

 

3B.   TERMS OF SERVICES (Applicable to Students)

  • You agree and understand that the information available on the site is not meant for supplementing your knowledge for competitive exams and promise to hold free the site of all liabilities that may arise from the direct or indirect use of the information available on the site.
  • You agree that the time limits, if any, stipulated by the Website for providing the answers to your queries are only indicative and not definitive. You understand that your queries may not be answered in a time bound manner due to a high volume of queries at a given point of time.
  • You agree that certain queries raised by you may not be answered by the Website due to the highly complex nature of the query, the answers to which can only be provided by having access to specialized and highly skilled resources that are not available with the Website due to its limited resource base. You agree that answers to queries requiring detailed and advanced explanations is outside the ambit of these terms of service.
  • You understand that access to certain elements of the services including courses, doubt clearance, mentoring services etc. may be subject to separate terms, conditions and fair usage policy. LKA reserves the right to determine the criteria for provision of various elements of services to the different categories of Users based on its policies. Hence, subscription to the Website/products or registrations do not automatically entitle you to any and all elements of services provided by the LKA and LKA shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of services. LKA reserves the right to extend, cancel, discontinue, prematurely withdraw or modify any of its services at its sole discretion.
  • You understand that the Content, courses, and materials posted on the Website have been prepared and supplied by Teachers on the limited resources available at their disposal and human errors may inadvertently creep in despite the Website’s best efforts. You agree not to hold the Website responsible for such errors or omissions. The Website does not provide any time limit or provides any express or implied time warranty of any kind, regarding any matter pertaining to this service. The Website for its services rendered does not provide any implied warranties of merchantability, fitness for a particular purpose. LKA shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at this Website.
  • You agree that the LKA reserves the right to remove, expel, debar, dismiss or take any other disciplinary action against you, if you cause any nuisance, annoyance, menace or difficulty in conduct of the live-streaming Course conducted by Teacher.
  • You agree not to solicit or invite other users to share the credits/points/pack/course/anything else that they earn, that accrue to them in their individual capacity; and agree not to sell the credits/points/pack/course/anything else for any consideration to a third party. In case of a violation of this condition you shall become liable to pay for the credits/points/course/pack/anything else that they have sold or shared and shall forfeit all their credits/points/course/pack/anything else accumulated and their account shall be terminated.
  • By using this Website, you agree that any information shared by you with LKA will be subject to our Privacy Policy. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Teachers or other education professionals. The role of LKA in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. LKA disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. LKA shall not be liable to pay any consideration to any User for republishing any content across any of its platforms. You hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules. LKA, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, being in force.

 

  • CONDUCT AND PROHIBITED ACTS
    • LKA’s service is made available for personal, non-commercial use only. Broadcasting the same through any means, including but not limited to through the internet, television, handheld devices and other devices, is not permitted and will be considered as a breach of Intellectual Property Rights of LKA. LKA further reserves the right to terminate the subscription without any prior notice and also to initiate any legal proceedings in case of such breach. Businesses, organizations or other legal entities are strictly debarred from using the LKA’s services for any purpose.
    • You are prohibited from using the LKA’s service for any illegal or unauthorized purpose. If you are an international user, then you agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from India. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other material that he submits, posts, and displays on the LKA’s service.
    • If LKA determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, LKA reserves the right to immediately suspend your access to the Website or any of your accounts with LKA and make such declaration on the Website alongside your name as determined by LKA for the protection of its business and in the interests of Users. You shall be liable to indemnify LKA for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected LKA or its Users.
    • The Website may at its sole discretion remove information, content or material that is incorrect, inaccurate, unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service.
    • While LKA prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such information materials and that you should immediately inform LKA of such violation. If you continue to use the LKA’s service then you should do so at your own risk and peril.
    • As mandated by Regulation 3(2) of the IG Rules, LKA hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
  1. belongs to another person and to which the User does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. harm minors in any way;

  1. infringes any patent, trademark, copyright or other proprietary rights;
  2. violates any law for the time being in force;
  3. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii. impersonate another person;

viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  1. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Users are also prohibited from:

  1. violating or attempting to violate the integrity or security of the Website or any LKA Content;
  2. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

iii. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

4.7 LKA, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clause 4.6. LKA shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

 

  1. ADVERTISEMENTS

The Website may at its discretion display advertisements. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the LKA’s service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the you and such advertiser. You agree that LKA or Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

 

  1. PROPRIETARY RIGHTS

You acknowledge that all Intellectual Property Rights including but not limited to Copyright, Patent, Trademarks, trade secrets in the courses, products, modules, contents and programs shall continue to vest with the LKA at all times. You should not have the right to claim any rights over the Intellectual Property in the programs by virtue of purchasing such programs. Further, under no circumstances, you shall acquire the right to make copies. You acknowledge that in the event of breach or threatened breach of this Clause, monetary damages may not be an adequate remedy, therefore, LKA in addition to other rights and remedies shall be entitled to injunctive relief to restrain the student/parent from any such breach, threatened or actual.

 

You further acknowledge and agree that material and content contained in sponsor advertisements or information presented to you through the LKA’s services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LKA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the LKA’s service, in whole or in part.

 

  1. DISCLAIMER CLAUSE

You expressly understand and agree that:

  • Use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. LKA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • LKA makes no warranty that (i) the service will meet the your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
  • Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from LKA or through or from the service shall create any warranty not expressly stated in the Terms.

 

  1. LIMITATION OF LIABILITY

LKA shall not be liable towards you for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the LKA’s service, whether or not LKA has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the LKA’s service, from inability to use the LKA’s service, or from the interruption, suspension, or termination of the LKA’s service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

 

  1. INDEMNITY

You agree to defend, indemnify and hold harmless LKA, 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: (i) Your use of and access of the Website or services; (ii) Your violation of any term of these Terms or any other policy of LKA; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) Any claim that your use of the Website or services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

 

  1. NOTICE

You may receive notices via email or regular mail. The service of the Website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to the user generally on the service.

 

  1. INTELLECTUAL PROPERTY RIGHTS

LKA is a registered entity under the laws of India with all rights reserved here-in. The copyright of all materials provided on this website are held by LKA. None of the materials displayed on or within any LKA services and products including but not limited to Website, SD Cards, Tablets etc, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, modified, altered, reverse engineered, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, screen snapshot/ screen captured, or otherwise, without prior written permission of LKA, the copyright owner.

 

  1. ADDRESSING FOR TERMS & CONDITIONS
  2. If a User has any questions concerning LKA, the Website, this Agreement, the Services, or anything related to any of the foregoing, LKA customer support can be reached at the following email address: languagekingacademy@gmail.com

 

  1. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

 

For: Language King Academy Private Limited

Address: KH No. 192, C Block, Gali No.6, Phool Bagh,

Shastri Park Ext, Burari Delhi -110084

Email: languagekingacademy@gmail.com

 

 

 

 

 

 

 

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