Terms & Conditions

This document is an electronic record in accordance with the Information Technology Act, 2000 and rules made thereunder and as amended from time to time. You acknowledge that You have read and understood these “Terms”. These Terms will be applicable to You for accessing the “Portal” and using “Company Services” (as defined below) managed and operated by [Learners’ Technology Private Limited]” ( hereinafter referred to as “Company”), a company registered under the [Companies Act, 2013], having its registered office at Agarwal House 5, Yeshwant Colony, Indore, Madhya Pradesh, and corporate office at Agarwal House 5, Yeshwant Colony, Indore, Madhya Pradesh. If You do not agree with any of these Terms, including any future modifications to these Terms, You must immediately cease accessing and/or using the Portal and Company Services. Company shall have the right to modify these Terms at any time and publish the same on the Portal. You must keep yourself up to date and read these Terms at close intervals.

Your acceptance of these Terms will operate as a binding agreement between You and the Company, in respect of Your use of Company Services and the Portal.

1. Definitions

All of the defined and capitalized terms in these Terms will have the meaning assigned to them here below:

“Account” shall mean and refer to the account created by the User on the Portal, for availing Company Services.

“Account” shall mean and refer to the account created by the User on the Portal, for availing Company Services.

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court and applicable international treaties and regulations, in force at the relevant time in India.

“Company Services” shall have the meaning assigned to it under clause 3. The Company reserves the right to add, remove or modify any features in the Company Services as and when it deems fit.

“Portal” refers to the website or mobile application or any other internet platform managed and operated by the Company, including but not limited to aarklearnings.com or the Aark Learnings application (“Aark Learnings”).

“Privacy Policy” shall mean the privacy policy of the Company applicable to You.

“Refund Policy” shall mean the refund policy of the Company applicable to You.

“User” shall mean and refer to any individual or legal entity who registers with Company to receive/avail the Company Services.

“We” or “we” or “us” means Company.

“You” or “you” or “your” means a User.

2. Eligibility

In order to use the Portal and Company Services, you are required to be

at least 18 years of age;

legally competent to contract under the Indian Contract Act 1872;

citizen of India;

tax resident of India and,

represent that you have read and understood these Terms and are not legally or otherwise barred from using the Portal or Company Services.

3. Company Services

Company Services shall mean and include:

Availing of any service or enrolling in a program at Aark Learnings. Aark Learnings is an online learning platform that believes in providing students with a personalized, hands-on, and incredibly fun learning experience. Our goal is to enhance the lateral thinking of your child and empower them with a strong foundation. Our curriculum is designed by some of the top experts from the industry.

The activity of Promoting, Imparting, Launching, Creating, Designing, Adopting Traditional, Formal and Creative Means of Imparting, Inculcating, Disseminating, Diversified Skills, Education Forms and Personality Development Techniques by providing Training, Conducting Seminars, Web-Seminars, Counselling, E-Courses, Online Classes, Teaching to Schools, college, University, Private Institutions Students, Distance Education, Personal or Group Coaching & Consultancy, Personal Consultancy & Training, Business Consultancy & Training, Telephonic Consultation, with the intent of carrying on the Business of Education and Skill Developments amongst the masses of India and Abroad by own self and/or through any other Individual, Association of Persons or such Body or Otherwise for self or for and on behalf of any third party under an Agreement or Understanding whether Written or Otherwise and on such terms and conditions as the Company may deem fit.

Develop, promote, facilitate, and otherwise make available educational, skills development and training materials, methods, programmes, advice, recruiting, guidance, support and related services and to cooperate with, encourage and support others in doing so, and by encouraging partnership and stimulating the market, to bring together the public and private sectors to open up new opportunities to meet the needs of potential learners and other incidental or ancillary business or any other business in any other manner as may be decided by the partners from time to time.

In order to provide the Company Services, Company may partner with third party entities at its sole discretion. The access to Company Services by the User, may also be conditional upon satisfying requirements of any such third parties. Further, the User may be required to accept additional terms and conditions and meet additional requirements for using such third-party services.

4. Company Account

You can register as a User by providing necessary information that we may deem fit and may require from time to time. This will be communicated to the User on the Portal. You understand and agree that you are responsible for the accuracy of the information you provide for account creation. We shall bear no liability for false, inaccurate or incomplete information provided by you.

Please note that we reserve the right to terminate or suspend your account at any time, if any information provided by you is false, inaccurate or incomplete or if we discover that you are not eligible to use Company Services or for any other reason that we deem fit and we are not obliged to provide you the reasons for such termination or suspension. Note that in case of any change or modification in the information provided by you, please inform us immediately.

You agree that the information provided by you will be used to determine your eligibility to use the Company Services. Further, the information shared by you may also be shared with third parties for determining your eligibility to use third party services, as and when required.

You will receive identification and password for your account. Please keep your account details confidential. We shall not be liable for any loss that you may incur as a result of someone else using your password or account or accessing your device, either with or without your knowledge. You will be responsible for all the activity on your account. Your Account is not capable of being transferred to anyone else. We shall not be liable for any claims, damages, liabilities etc. that may be suffered by you or any third party as a consequence of any unauthorized use of your account, and you shall be solely liable for the same.

You hereby expressly consent to receive communications from us or from any person authorized by us, on your registered phone number (via phone calls/SMS) and/or e-mail id. You agree that any communication so received by you will not amount to spam, unsolicited communication or a violation of your registration on the national do not call registry.

You hereby agree and consent to using the Account, Portal and Company Services in accordance with Applicable Laws and only for its intended purpose.

You understand that we have the right at all times to disclose your information as necessary to comply with Applicable Laws, or any valid government/other authority’s request.

We may establish general practices and limits concerning the use of Company Services. We reserve the right to change, suspend or discontinue any aspect of Portal or Company Services at any time, without notice and without liability.

We do not warrant that the functions contained in the Portal will be uninterrupted or error free, and we shall not be responsible for any interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the Company Services).

Company retains the right to suspend your Account, if Company believes that there is suspicious or unusual activity on your Account.

Company may be required to undertake action on the Account as per directions from a statutory or governmental authority or as may be mandated by others (as applicable).

5. Closing Account

You shall continue to be registered with the Company, unless you request closure or deletion or deactivation of your Account. However, it is clarified that the Company may suspend/ terminate your account at its sole discretion for any reason whatsoever.

6. Charges

You agree and acknowledge that in addition to any charges applied on you by third parties, for using their services, Company may also charge you for Company Services. The same will be communicated to you on the Portal from time to time. Any charges applied to you by Company shall be subject to applicable taxes.

7. Privacy and Communications

You agree and specifically consent that we may collect, store, share and use your and your child’s personal data and any communications made through the Portal, in accordance with Applicable Laws and our Privacy Policy. The Privacy Policy explains how we treat your data and protect your privacy.

You agree to receive communications from the Company via SMS, email for alerts, reminders, marketing, advertising, complaints, service related, feedback etc.

8. Intellectual Property

We do not grant you any rights to the intellectual property rights in the Portal or Company Services. Nothing contained herein shall authorize you to use, apply, invade or in any manner exploit or infringe the intellectual property rights of Company without prior written consent.

9.Third Party Services

We do not take responsibility or liability for the actions, products, content and services on the Portal, which are linked to third party web applications, platforms etc. using Our APIs or otherwise. In addition, We may provide links to the third party web-applications, platforms etc. and certain other businesses on the Portal. We assume no responsibility for examining or evaluating the products and services offered by such third parties. We hereby assert that the terms of use of Company Services, Privacy Policy, Refund Policy or our Data Security practices are not applicable to access of such third party applications or services and the use of such third party applications and services is the sole liability and discretion of the User.

10. Disputes and Grievances

We are not obligated to mediate disputes between You and a third party. We can assist in enabling communications regarding a dispute. In case of any complaint regarding Company Services, please contact info@aarklearnings.com.

11. Disclaimer

Except for Our role as provided under these Terms, We are not involved in any underlying transaction or services between You, any other User, or other third party. Such transactions are hereby expressly excluded from the Refund Policy and no claims of refund shall be entertained by the Company with respect to such transactions.

Company Services and the Portal are provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness.

12. Indemnity and Liability

You agree to indemnify, defend and hold harmless Company and its and their directors, officers, employees, and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorney fees, arising out of, relating to, or which may arise from:

your use of Company Services;

any breach by you of these Terms or Applicable Laws.

Company, its directors, officers, employees will not be responsible or liable to you or any third party for any indirect, consequential, special, punitive or exemplary damages or losses which may be incurred in connection with the Portal and Company Services. It is also clarified that Company shall not be responsible for any failure, delay etc cause due to a force majeure event.

13. Governing Law and Jurisdiction

These Terms shall be governed under the laws of India with the courts at Mumbai, Maharashtra having exclusive jurisdiction.

14. Amendment

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms at any time.

15. Entire Agreement

These Terms, together with the Privacy Policy and our Refund Policy, constitute the entire agreement between the User and Company with respect to the Company Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and the Company with respect to Company Services.

Grievance Officer

In accordance with Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 , the name and contact details of the Grievance Officer are provided below:

Name: Anmol Gupta

Email Id: info@aarklearnings.com

Phone Number: +91-7355053097

You may also write to our CEO and Founder, Ms.Archhana Agarwaal at ceo@aarklearnings.com in case of any issues.