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TERMS AND CONDITIONS FOR ONLINE PAYMENTS

Introduction

These terms and conditions apply to the User who uses the Online Services provided for any payment made to Excelsoft. Kindly read these terms and conditions carefully. By authorizing a payment to Excelsoft through the online payment service (“the service”), it would be treated as a deemed acceptance to these terms and conditions. Excelsoft reserves all the rights to amend these terms and conditions at any time without giving prior notice. It is the responsibility of the User to have read the terms and conditions before using the Service.

Key Terms:

The following is a summary of the key terms of this service:

  • Payment(s) through this Service may only be made with a Credit Card, Debit card or Net Banking.

  • Before using this Service, it is recommended that the user shall make necessary enquiry about the charges or fees payable against the Credit/Debit card used from Credit Card or the Debit Card service provider i.e. the respective Bank.

  • The credit card information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to Excelsoft. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields are correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the service

  • The Applicant agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Excelsoft or the Payment Service Provider(s) have no control over such matters.

  • The service is provided using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor Excelsoft gives any assurance, that the information so provided online by a user is secured or may be read or intercepted by a third party. Excelsoft does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.

  • Excelsoft and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Excelsoft and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service.

Debit/Credit Card, Bank Account Details:

  • The Applicant agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the Applicant shall not use a Debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The Applicant further agrees and undertakes to Provide correct and valid debit/credit card details.

  • The Applicant may pay his/ her application/initial fees to Excelsoft by using a debit/credit card or through online banking account. The Applicant warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:

    • The Applicant is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;

    • The Applicant is responsible to ensure that the card/ bank account details provided by him/ her are accurate;

    • The Applicant authorizes debit of the nominated card/ bank account for the Payment of fees selected by such Applicant along with the applicable Fees.

    • The Applicant is responsible to ensure that sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the Payment of the dues payable or fees dues selected by the Applicant inclusive of the applicable Fee.

No warranty:

No warranty, representation or guarantee, express or implied, is given by the Excelsoft in respect of the operation of the service.

Disclaimer and Limitation of liability:

Excelsoft does not accept liability for any damage, loss, cost (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by the User from the use of this service.

Governing law:

These terms and conditions are governed by the laws of India and the competent courts at Bengaluru shall have exclusive jurisdiction.

Dispute Resolution:

Any dispute arising in relation to the terms and conditions will be submitted to a sole arbitrator appointed by Excelsoft under the provisions of the Arbitration and Conciliation Act, 1996 and rules framed there under. The venue of Arbitration shall be at Bengaluru.

Refund/Cancellation Policy:

Fees once paid will not be refunded under any circumstances.

Privacy Policy

These terms and conditions constitute a binding contract as per the provisions and rules under the Information Technology Act of 2000, by and between the operator of the website, being Excelsoft Technologies Private Limited, a Company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as ‘Company‘) and having its registered office at 1-B, Hootagalli Industrial Area, Mysore 570018 Karnataka, India and You.

The Company is the authorized licensor of [LearnActiv] through www.learnactiv.com (hereinafter referred to as ‘Website’). This Policy describes certain terms and conditions to access and use the Website/s of the Company by a visitor or a registered user and order products (hereinafter referred to as the “End User“, “You” or “Your“) We provide you access to information through the Website and we may provide the ability to use certain functionalities of the Website or provide services of various kinds (the “Services”). 

Please read this privacy policy (‘Policy’) carefully before using any of our Company’s Applications (including co-branded Applications) (“Applications”), Website, our Services and Products (including associated products, services, websites and applications managed or serviced by the Company). If you do not agree with the terms of this Policy, do not use the Website, Applications, our products or avail any of our Services.

In order to access and use the Website and Services, you must agree to our terms and conditions (the “terms and conditions“) posted on the Site. Persons and organizations with permission to use the Service are considered “Registered Users.” You may view portions of the Website even if you are not an Registered User of the Service. This privacy policy applies to Company’s collection, use and disclosure of Personal Information (defined below) from Registered Users of the Site, as well as from persons who merely visit the Site. By submitting Personal Information through our Website or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

This privacy policy describes our information collection and use practices in connection with Website and Service, as well as circumstances under which we disclose information collected from you. Our commitment to you is that we will not use or disclose information collected from you other than as described in this policy. We have adopted and implemented this privacy policy as part of our commitment to protecting your personal information from misuse. Your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country.

 

What Information Do We Collect?

“Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Non-Personal Information” means data that is not associated with or linked to your Personal Information; Non-Personal Information does not, by itself, permit the identification of individual persons. We collect Personal Information and Non-Personal Information, as described below. Company collects Personal Information as required to offer Services, as listed in the terms and conditions, as voluntarily provided by you in the course of correspondence or registration, and as otherwise identified below.

In addition, we collect certain information which cannot be used to personally identify any user, such as anonymous, aggregate or statistical data. In order to use some Services, you may be required to complete the applicable registration form accessible on the Site. All persons who register are referred to as “Registered Users.” Some Services may not require registration. We collect and maintain a record of all data provided through such registration forms, e.g. your name, e-mail, mailing addresses, and password and information about your child, e.g., your child’s name, birthday, interests, and gender. For example, individual users who desire to order a Product (as defined in the terms and conditions) must provide certain contact information, shipping information, billing information, and financial information (e.g., a credit card number and expiration date) (which will be collected by us or our third party payment processing service providers). For some Services, each Registered User may be provided a unique username and password that enable access to the Service. We may track the use of those usernames and passwords in order to collect and maintain records of individual transactions conducted through the Services by Registered Users, and those records may be associated with each Registered User’s individual account profile within the Company system. We also collect and maintain records of information that you voluntarily provide to us. However, unless such information is necessary for the Service or required by the terms and conditions, we do not require you to provide such information to us. 

We collect additional information through the Website and the Service that is not associated with any online account or registration information, and that cannot be used to personally identify you. Non-Personal Information ordinarily includes aggregate, summary, or other anonymous data, and may include, by way of example, statistics regarding popularity of particular pages within the Site, or information regarding types of Internet browsers used by Registered Users. “Cookies” are small files placed on a user’s computer by a Web site in order to facilitate use of that Web site. For example, a cookie may contain information about a user’s preferences, so that the Web site automatically complies with those preferences whenever the user visits that Web site. When using the Service, we may create “cookies” on your computer for purposes of facilitating and maintaining your current user session, and may collect Personal Information using those cookies in order to enable Company to identify you in connection with the Service and to track use of the Service for purposes consistent with this policy.

Automatically Collected Information

To make our Website and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

Children’s Policy

We recognize the need to provide further privacy protections with respect to the personal information that we may receive relating to  children on our Website and Applications. When we receive personal information relating to children, we take additional steps to protect children’s privacy, including – Notifying parents about our information practices with regard to children, including the types of personal information we may collect relating to children, the uses to which we may put that information, and whether and with whom we may share that information; In accordance with applicable law, and our practices, obtaining consent from parents for the collection of personal information of their children, or for sending information about our products and services directly to their children; Limiting our collection of personal information relating to  children to no more than is reasonably necessary to participate in our Services.

Use and Disclosure of Collected Information

We also use both Personal Information and Non-Personal Information when evaluating ways to improve the Website and the Service. As further described below, in limited circumstances we may disclose collected information, including Personal Information, to certain third parties in connection with providing Services or as required by law. However, unlike communications which are necessary to provide Services (“Necessary Communications”), promotional communications are optional (“Optional Communications”), and Company will refrain from sending that kind of information to you if you inform us that you prefer not to receive them, as described in more detail below. 

Company uses Non-Personal Information in a variety of ways. Because Non-Personal Information is entirely anonymous, and therefore can never be used by us to identify you, this policy does not limit our ability to use or disclose Non-Personal Information. If another company acquires our company, business, or our assets, that company will possess the Personal Information collected by it and us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. 

Under certain limited circumstances, we may cooperate with legal investigations and/or we may be subject to legal requirements to disclose information collected through the Website or Service. We may also disclose Personal Information to protect or defend the rights or property of Company or users of the Services and/or to investigate any violation or potential violation of the law, this Privacy Policy, or terms and conditions. The disclosures contemplated by this paragraph (“Necessary Disclosures”) are necessary if you wish to use the Service. As mentioned above, Company may use and disclose Non-Personal Information without restriction. If you do not want us to make such Necessary Disclosures, or to use Non-Personal Information without restriction, you must not use the Service.

We may use third-party advertising companies to serve ads when you visit our Site. If you enter and win a contest or other promotion, you expressly consent to (a) Company providing your Personal Information (e.g., your name and address) to the third party providing the prize for the contest or other promotion, solely to provide you such prize and (b) Company publicly disclosing your name and the fact that you won the contest or promotion. By entering such contest or other promotion, you expressly consent to such disclosures

Access To Personal Information Collected From You

Registered Users may access their Registration Profiles at any time to update Personal Information contained within that Registration Profile. Subsequent uses or disclosures of information by us will reflect those changes, but we have no ability to update any information previously disclosed to any third party. You may request deletion of your Personal Information by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. The Website has security measures in place to protect against the loss, misuse and unauthorized alteration of Personal Information in Company’s possession and control. We currently use an encryption program known as “SSL,” or “Secure Sockets Layer.” To learn more about SSL, go to http://www.ssl.com/. Credit card authorization requests are sent using the same encryption technology. Furthermore, access to Personal Information is physically restricted within our own offices, so that only certain of our employees are granted access to information as appropriate to perform specific jobs and tasks (e.g., performing customer service). Please be aware that, although we endeavor to provide security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of Personal Information or Non-Personal Information arising in connection with the theft thereof. 

Likewise, Registered Users are responsible for safeguarding the confidentiality of passwords to any Services, and we bear no liability for access to, or use or disclosure of, Personal Information, if such access, use or disclosure arises in connection with the theft or disclosure (whether intentional or negligent) of a password. If you have any questions about our security measures, you can click here to contact us www.learnactiv.com

Media Policy

The media information (photos, comments, videos) that you post on our community platforms might be used to promote our products or in marketing campaigns. We will not rent or sell your information to third parties outside.

Changes to This Policy

If we change our privacy policy, we will post those changes on the Website so that users are always aware of what information we collect, how we use it, and under what circumstances, if any, we will disclose it. Any changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. In any event, changes to this Privacy Policy may affect our use of Personal Information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. 

Your continued access to and/or use of the Website or Service following notice of such changes constitutes your assent to, and acceptance of, this policy, including all posted changes for which we have provided notice as described herein.

Security

All payment details which are entered through this payment gateway are encrypted when the Student, or third party making payment, enters them. The site is secure and uses 128-bit encryption to offer secure communications by encrypting all data to and from the site. Excelsoft shall not be liable for any failure by the Student or third party making payment of Fees to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the Online Payment process or in respect of any omission to provide accurate information in the Course of the Online Payment Process.

Variations to the Terms and Conditions

The Excelsoft reserves the right to vary these Terms and Conditions from time to time and the current version will be that published on this website.

We reserve the right to decline the acceptance of an online payment if your account is in default for any reason. LearnActiv may also make additions/deletions/alteration to the services offered, at its sole discretion. We reserves the right to withdraw the service at any time at its discretion. We retain the right to change the terms and conditions for Online Fees Payments, without any prior notice.