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, https://www.alllearn.in (the "Website"), allLearn solutions private limited("The Company") offer of products for purchase 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. Alllearn Solutions Private Limited 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. Alllearn Solutions Private Limited 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 of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Alllearn Solutions Private Limited 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 Alllearn Solutions Private Limited for other products or services. If you don't 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 sale certain products (the "Products''). By Placing an order for Products through this Website, you agree to the terms set forth in this Agreement. Customer Solicitation:Unless you notify our third party call center reps or direct Alllearn Solutions Private Limited 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 Alllearn Solutions Private Limited and its designated in house or third party call team(s).Opt Out Procedure:We provide 3 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 also choose to opt out, via sending your email address to:firstname.lastname@example.org
3. You may send a written remove request to #112, Sravya's Flute, 5th Main,Chinnapanahalli, Bangalore. Proprietary Rights. Alllearn Solutions Private Limited has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Alllearn Solutions Private Limited .Alllearn Solutions Private Limited also has rights to all trademarks and trade dress and specific layouts of this web page, including calls to action, text placement,images and other information.
Goods and Services Tax.
If you purchase any Products, you will be responsible for paying any applicable goods and services tax.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website Also offers information, both directly and through indirect links to third-party websites. Alllearn Solutions Private Limited doesn't always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Alllearn Solutions Private Limited does create the content on this Website, such content is protected by intellectual property laws of 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,noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Alllearn Solutions Private Limited does not endorse the contents on any such third-party websites. Alllearn Solutions Private Limited 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 third-party websites, you do so at your own risk.Use of Website; Alllearn Solutions Private Limited is not responsible for any damages resulting from use of this website by anyone. You will not use the Website For illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4)not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website 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, noncommercial, 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 Alllearn Solutions Private Limited 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 Alllearn Solutions Private Limited 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.Alllearn Solutions Private Limited 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.Alllearn Solutions Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. Alllearn Solutions Private Limited Reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Alllearn Solutions Private Limited Deemed objectionable, in The Company’s sole discretion.
III. DISCLAIMER OF WARRANTIES
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. Alllearn Solutions Private Limited 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, Alllearn Solutions Private Limited MAKES NO WARRANTY:THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE,RELIABLE, COMPLETE, OR TIMELY.THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
Alllearn Solutions Private Limited 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.Alllearn Solutions Private Limited WILL NOT BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER,INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR(4) ANY LOST PROFITS YOU ALLEGE.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless Alllearn Solutions Private Limited , and any of its 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 (1) this Agreement or the breach of your warranties,representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products(including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Alllearn Solutions Private Limited . When Alllearn Solutions Private Limited is threatened with suit or sued by a third party, AlllearnSolutions Private Limited may seek written assurances from you concerning your promise to indemnify Alllearn Solutions Private Limited ; your failure to provide such assurances may be considered by Alllearn Solutions Private Limited to be a material breach of this Agreement. Alllearn Solutions Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Alllearn Solutions Private Limited Choice at its expense. Alllearn Solutions Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Alllearn Solutions Private Limited against any claim, but you must receive Alllearn Solutions Private Limited 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.
VII.1. For the School - Raising funds on The Website
Your membership will continue until terminated. To use The Website’s service you must have Internet access and a device. As a school you may opt for a Fixed or Flexible Payment Plan. In the fixed plan, the platform cost per month will be fixed no matter the amount of money raised on the website. In the Flexible plan the platform cost will be a percentage of the total donations raised on the website. The Payment Gateway charges and GST will be applicable extra on both the methods. In case you’d like to automate the monthly platform payments you’d need to provide a valid “Payment Method”. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership fee for the next billing cycle to your Payment Method (see “Cancellation” below). The platform charge, payment gateway charge and the applicable gst will be deducted at the time to donation transmission. The Company will send you an invoice for the overall services at the end each billing cycle.
VII.2. For Donors - Donating Funds to a “School”
When donating funds, you can choose to donate either a one time amount or a subscription for a monthly subscription.
VIII. CANCELLATION AND REFUND
VIII.1. For the School - Raising funds on The Website
You can cancel your usage of The Company’s services at any time, and you will continue to have access to The Company’s services through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods. To cancel, go to the “My Profile” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “My Profile” page.
VIII.2. For Donors - Donating Funds to a “School”
As a donor to a school you may choose to cancel your monthly payments to a school at any time. To the extent permitted by the applicable law, payments to schools are non-refundable. To cancel your monthly payments to a school you can choose to do any one of the following: 1. Write to the school’s email account mentioned on their page 2. Write to us at email@example.com or 3. Stop payment from your bank. The maximum processing time for any cancellation is 8 days excluding weekends and bank holidays.
IX. AGREEMENT TO BE BOUND
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.
X. GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in India. While we endeavor to provide this Website for use by persons in India and outside it, we make no claims that the Website or any of its content is accessible or appropriate outside India. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside India, you do so on your own initiative and are responsible for compliance with local laws.
XI. USER CONTRIBUTIONS
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
XII. RELIANCE ON INFORMATION POSTED
THE INFORMATION PRESENTED ON THE WEBSITE IS REPRESENTED TO US AS BEING MATERIALLY TRUE, CORRECT AND COMPLETE. WHILE WE CONTINUALLY ENDEAVOR TO PROVIDE REASONABLY AND MATERIALLY CORRECT INFORMATION REGARDING CAMPAIGNS, CAMPAIGNERS AND BENEFICIARIES OF DONATIONS, WE DO NOT WARRANT THAT THE INFORMATION PRESENT IS TRUE, CORRECT OR COMPLETE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION INVOLVES CERTAIN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
THIS WEBSITE CONTAINS IN LARGE MEASURE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY CAMPAIGNERS AND BENEFICIARIES OF DONATIONS, OTHER USERS, BLOGGERS, AND THIRD-PARTY LICENSORS, SYNDICATORS, AGGREGATORS, AND/OR REPORTING SERVICES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY THE COMPANY, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF THE COMPANY. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTY.
We update the content on this Website from time to time, but its content is not necessarily always complete or up-to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
XIII.TERMS OF DONATIONS
Donors may make contributions towards any School on the Website provided such donation is in compliance with Indian law, and applicable laws in the jurisdiction of the Donor.
Upon registration, Donors obtain access to certain information about Schools and beneficiaries of donations, including means of direct communication. While The Company endeavors to pre-screen and qualify Schools after an involved exercise, such screening or qualification is not error-free, exhaustive or warranted by us. Moreover, it is not a substitute for Donors’ independent investigations after Donor has obtained communication access to the School. The Website affords Donors an opportunity to ask The Schools questions concerning the funds raised and otherwise test the soundness of any School. By making donation through the Website, each Donor hereby represents and warrants that such Donor has conducted the due diligence that such Donor deems appropriate under the circumstances and does not rely on The Company or its affiliates for the accuracy, completeness or adequacy of the information supplied on the Website. Moreover, Donors should note that neither The Company nor any of its affiliates or employees represent or warrant that Schools shall use donated funds in the manner and for the purpose represented by them. The Company is not a party to any funds raised by the school. Questions concerning use or utilization of funds are to be directed solely to the Schools and it’s beneficiaries, not The Company or its affiliates or employees.
Donations from outside India must comply with the provisions of India’s Foreign Contribution Regulation Act, 2010, as amended. Under that Act, contributions cannot be made for the benefit of candidates for election; correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers; judges, government servants, or employees of any corporation or any other body controlled or owned by the government; members of any legislature; political parties or their office bearers; organisations of political nature, as the same may be specified by the Central Government; associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication; or correspondents or columnists, cartoonists, editors, or owners of associations or companies referred to above. Each Donor acknowledges and agrees that such Donor shall not attempt, directly or indirectly, to make or cause to be made any donation to
All donations shall be received through the Website from Donors using, in the case of donations outside India, credit and debit cards through Stripe payment platform, and in the case of donation within India, credit cards, debit cards, Real Time Gross Settlement (RTGS), National Electronics Fund Transfer (NEFT), net banking, Unique Payment Interfaces (UPI) and Quick Response (QR) Codes issued by banking and other financial institutions regulated under applicable Laws and deposited, directly to the bank account maintained by the school. By using the Website, each Donor hereby signifies its understanding, acceptance and agreement that The Company is not engaged in providing banking or financial services; instead, all remittances to Beneficiary of Campaigns shall be made solely through established banking and other clearance and settlement systems regulated under applicable laws. Further, The Company is neither a trustee nor does it assume any fiduciary responsibility with respect to the transactions or donations.
The Company reserves the right to refuse to process donations by any Donor, including any questionable transactions. This includes, without limitation, suspected collusion between the Donor and School to bring about false impressions, mislead other Users or breach/ violate any law or further any charges imposed by issuing banks, or generally breach any governmental policies or laws. Where The Company suspects or has reasonable cause to doubt the credibility of the Donor and/or the School, The Company may return donations after deducting its fees and charges.
Force Majeure. Alllearn Solutions Private Limited will not be deemed in default here under or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, naturaldisaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.Cessation of Operation. Alllearn Solutions Private Limited 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 Alllearn Solutions Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.Effect of Waiver. The failure of Alllearn Solutions Private Limited 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 endeavor 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 Bengaluru, Karnataka.This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor Alllearn Solutions Private Limited 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 the State of Karnataka. By using this Website for 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. Alllearn Solutions Private Limited 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. Following termination,you will not be permitted to use the Website and Alllearn Solutions Private Limited May, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Alllearn Solutions Private Limited 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 Alllearn Solutions Private Limited chooses, in its sole discretion and without advance to you, to terminate it.Domestic Use. Alllearn Solutions Private Limited 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. Alllearn Solutions Private Limited 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
LAST REVISION: 14-04-2020