TERMS AND CONDITIONS

A) Definitions:

• Company: Leadership Boulevard Private Limited, a company incorporated as per the provisions of the Companies Act, 1956, having CIN U74999MH2012PTC237035 and having its registered office at 4th Floor, B Wing, 401, Business Square, Andheri Kurla Road, Chakala, Andheri East, Mumbai, Maharashtra 400093 (this shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors and permitted assigns);
• Intellectual Property Rights: This includes proprietary information, patents, trademark rights, technology, utility model, course content, design, know-how, trade secrets, data bases, industrial processes, source codes, copyrights (including rights in computer software) and any other intellectual or industrial property rights (whether registered or unregistered) subsisting or recognized under the applicable law.
• Guardian: A person who has been appointed by the court of law to take care of a minor child personally and / or manage the child’s affairs.
• Parent: All biological Parents and also, any person who is not a biological Parent but has Parental responsibility for the child irrespective of the relationship with the child.
• Services: Services to be availed through the Website/ Application/products
• Student: Students who have enrolled on the Website/ Application for thr Services/Test/Assessments as per its own discretion.

B) Consent: By agreeing to avail the Services:

• The Student represents and warrants that he or she possess the legal right and capacity to use the services of the Company in accordance with the terms and conditions herein. In case, the Student is a minor below the age of 18 years of age, and he or she wants to avail these Services, the Student through his/her Parent/ Guardian agrees to all terms and conditions herein, and the Parent/ Guardian agree to this on behalf of such minor to bind themselves in accordance with all terms and conditions herein.
• It will be deemed that the Student or the Parent/Guardian (as applicable) have read, understood and agreed to fully abide by all the terms and conditions contained herein.
• The Student or the Parent/Guardian (as applicable) agree to make the contact details of the Student or the Parent/Guardian (as applicable) available to the Company so that Company may contact them for education information through email, telephone and SMS.
• The Student or the Parent/Guardian (as applicable) agree to receive promotional mails/special offers from the Company, if any.
• The Student or the Parent/Guardian (as applicable) agree to provide Student's name, grade details, Board Details, Gender Details, Address Details and any other related information as and when required by the Company for the services to be availed (“Personal Information”).
• The Student or the Parent/Guardian (as applicable) agree that the Company has the right to use the Personal Information of the Student and any other related information of Student for publicity in case the wherever same has been agreed by the Student for marketing purposes. It is further agreed that the Company in its absolute discretion may publicize, broadcast, or otherwise disclose a successful Student’s name, photograph, statements or any recording of their voice in advertising or promotional activities of the Company.
• The Student or the Parent/Guardian (as applicable) agree for the Students to participate in the assessment/tests and acknowledge that the Company has the absolute and exclusive right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it may deem fit without any consideration or payment of similar nature to such successful Students.
• The Student or the Parent/Guardian (as applicable) agree that the Services offered/ assessment tests and exercises are created for the Students to test their understanding of concepts and are not to be interpreted as in any other forms.
• The Student or the Parent/Guardian (as applicable) agree that it is the sole responsibility of the Student towards the Application/Services/Test/ Assessments provided and the Company has no responsibility in this regard.
• The Student or the Parent/Guardian (as applicable) agree not to:
  • Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of any aspect of the Company’s Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by the Company by terms and conditions contained herein.
  • Gain unauthorized access to the Application/Services/Test/ Assessments, accessible to other Students, names or personally identifiable information, or to other computers connected or linked to the Services.
  • Upload, post, transmit, publish, or distribute any material or information for which they do not have all necessary rights and licenses or which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
  • Upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the computer systems;
  • Use, copy, reproduce, sell, rent, any Intellectual Property Rights belonging to the Company in any way without prior written permission of the Company.
  • Violate any applicable central law or state law or local laws or regulations or these terms and conditions.
  • Assist or permit any persons in engaging in any of the activities described above.

C) Fee:

The Company has agreed to provide the Services/Test/ Assessments without any fee to be charged from the Student or the Parent/Guardian (as applicable). This is subject to the Student or the Parent/Guardian (as applicable) complying with all the terms and conditions contained herein.

D) User Provided Information

• The Application/Website/Services/products obtains the information you provide when you download and register for the Application or Services or products. When you register with us, you generally provide (a) your name, age, email address, location, phone number, password and your ward's educational interests; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) information you enter into our system when using the Application/Services/products, such as while asking doubts, participating in discussions and taking tests.The said information collected from the users could be categorized as “Personal Information”, “Sensitive Personal Information” and “Associated Information”. Personal Information, Sensitive Personal Information and Associated Information (each as individually defined under this Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Data Protection Rules”)) shall collectively be referred to as 'Information' in this Policy.
• Company may use the Information to contact you from time to time, to provide you with the Services, important information, required notices and marketing promotions. Company will ask you when Company need more information that personally identifies you (personal information) or allows us to contact you. Companywill not differentiate between who is using the device to access the Application, Website or Services or products, so long as the log in/access credentials match with yours.
• In order to make the best use of the Application/Website/Services/products and enable your Information to be captured accurately on the Application/Website/Services/products, it is essential that you have logged in using your own credentials. Company will, at all times, provide the option to you to not provide the Personal Information or Sensitive Personal Information, which Company seek from you.
• Further, you shall, at any time while using the Application/Services/products, also have an option to withdraw your consent given earlier to us to use such Personal Information or Sensitive Personal Information. Such withdrawal of the consent is required to be sent in writing to us at the contact details provided in this Policy below. In such event, however, the Company fully reserves the right not to allow further usage of the Application or provide any Services/products thereunder to you.

E) Automatically Collected Information

• In addition, the Application/products/Services may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application/Services/products.
• As is true of most Mobile applications, Company also collect other relevant information as per the permissions that you provide.
• At the time you (on behalf of yourself and/or your ward) register with us for our Services or during the term of Services relating to our products/services/subscriptions, Company may require camera and microphone access while you avail such products/services/subscriptions to improve the in- classroom experience.
• By agreeing to this Privacy Policy, you (on behalf of yourself and/or your ward) consent to our collection/ recording and use of your and/or your ward’s audio/video/telecall recordings and personal information for the above-mentioned purposes.

F) Use of your Personal Information

• Company use the collected Information to analyse trends, to conduct research, to administer the Application/Services and products, to learn about each user's learning patterns and movements around the Application/Services and products and to gather demographic information and usage behaviour about our user base as a whole. Aggregated and individual, anonymized and non-anonymized data may periodically be transmitted to external service providers to help us improve the Application, products and our Services.
• Company will share your information with third parties only in the ways that are described below in this Policy. Company may use the individual data and behavior patterns combined with personal information to provide you with personalized content, and better your learning objectives. Third parties provide certain services which we may use to analyze the data and information to personalize, drive insights and help us better your experience or reach out to you with more value added applications, products, information and services.
• However, these third party companies do not have any independent right to share this information. Company do not sell, trade or share your Information to any third party (except subsidiaries/affiliates of theCompany for related offerings) unless, Company have been expressly authorized by you either in writing or electronically to do so. Company may at times provide aggregate statistics about our customers, traffic patterns, and related site information to reputable third parties, however this information when disclosed will be in an aggregate form and does not contain any of your Personally Identifiable Information.
• Company will occasionally send email notices, messages or contact you to communicate about our Services, products and benefits, as they are considered an essential part of the Services/products you have chosen. Company may disclose Information:
  • as required by law, such as to comply with a subpoena, or similar legal process;
  • to enforce applicable ToU, including investigation of potential violations thereof;
  • when Company believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request;
  • with our trusted services providers who work on our behalf, do not have an independent use of the information Company disclose to them, and have agreed to adhere to the rules set forth in this Policy;
  • to protect against imminent harm to the rights, property or safety of the Application/Website or its users or the public as required or permitted by law;
  • with third party service providers in order to personalize the Application/Website/Services/products for a better user experience and to perform behavioural analysis;
  • Any portion of the Information containing personal data relating to minors provided by you shall be deemed to be given with the consent of the minor's legal guardian. Such consent is deemed to be provided by your registration with us.

G) Miscellaneous:

• All Services are provided by Company on "as is" basis with no representations or warranties of any kind from Company. The Company and/or its respective suppliers hereby disclaim all warranties and conditions with regard to information, products, services including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The Company disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to any errors in or omissions in the content provided by the Company, including but not limited to technical inaccuracies and typographical errors.
• The Company, its suppliers and/or its subsidiaries shall not be liable to any person or entity for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Students or any third party, whether in connection with these Services, or for breach of any warranty or in tort.
• Except for private use and non-commercial use, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied, or reproduced without prior written consent of the Company. Any other use of the contents, including any commercial use, reproduction, modification, distribution, or republication without the prior written consent of the Company is strictly prohibited and may violate copyright or trademark laws.
• Any attempt by Student or the Parent/Guardian (as applicable) to deliberately damage or undermine the legitimate provision of the Services and/or web-site is a violation of criminal and civil laws and should such an attempt be made, the Company reserves the right to seek damages from such Student or the Parent/Guardian (as applicable) to the fullest extent as permitted by law.
• This document does not in any manner create any relationship whatsoever as between Student or the Parent/Guardian (as applicable) and the Company, either as a joint venture, partnership, employment, or agency relationship. Provision of the Services by the Company is subject to existing laws and legal process in India, and nothing contained herein is in derogation of the rights of Company to comply with governmental, court and law enforcement requests or requirements relating to information provided to or gathered by the Company with respect to such Services.
• Unless otherwise specified herein, these terms and conditions constitutes the entire understanding between the Student or the Parent/Guardian (as applicable) and the Company with respect to the Services and it supersedes all prior communications and proposals, whether electronic, oral or written, between the Student or the Parent/Guardian (as applicable) and the Company.
• The Company, in its absolute discretion reserves the right at any time, without giving any previous notice to the Student or the Parent/Guardian (as applicable), to add, alter, modify, change or vary all or any of these terms & conditions, wholly or in part, or to withdraw the Services.
• The provision of these Services is valid subject to the successful Students complying with all terms, conditions and/or formalities as required by the Company. Any failure on the part of the Student or the Parent/Guardian (as applicable) to comply with the any specified term, condition and/or formality shall render the Student liable for disqualification at the sole discretion of the Company.
• The Provision of the Services is subject to force majeure circumstances i.e. act of God or any circumstance beyond the control of the Company.
• The provision of these Services shall be governed by and constructed in accordance with the laws of India. Any disputes, differences and, or, any other matters in relation to and arising out of the Services and/or these Terms and Conditions shall be referred to arbitration under the Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be appointed by the Company. The venue of arbitration shall be Mumbai. All disputes shall be subject exclusively to Mumbai jurisdiction only.