Terms Of Service Agreement

LAST REVISION: June 18, 2018
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR IT’S SERVICE 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, http://earlyinnings.in/terms-of-use, Learning Mojo Private Limited (“Business Name”) for your purchase of services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Learning Mojo 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. Learning Mojo 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 any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. LEARNING MOJO 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 LEARNING MOJO PRIVATE LIMITED for other products or services. If you do not 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.

PRODUCTS

Terms of Offer. This Website offers for sale certain services (the “Programs”). By using this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation: Unless you notify LEARNING MOJO PRIVATE LIMITED 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 from LEARNING MOJO PRIVATE LIMITED and its designated in house or third party call team(s).

Opt Out Procedure: You may choose to opt out, via sending your email address to: info@earlyinnings.in.

Proprietary Rights: LEARNING MOJO PRIVATE LIMITED has proprietary rights and trade secrets in the services available for purchase on this Website. You may not copy, reproduce, resell or redistribute any Product/Service manufactured and/or distributed by LEARNING MOJO PRIVATE LIMITED. LEARNING MOJO PRIVATE LIMITED also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

WEBSITE

Content; Intellectual Property; Third Party Links. To the extent that LEARNING MOJO PRIVATE LIMITED does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. Any links to third-party websites are provided solely as a convenience to you. LEARNING MOJO PRIVATE LIMITED does not endorse the contents on any such third-party websites. LEARNING MOJO 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; LEARNING MOJO PRIVATE LIMITED is not responsible for any damages resulting from use of this website and/or the services offered on the website by anyone. You will not use the Website and its services for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website and its services (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website and its services by other users, (3) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (4) not defame, harass, abuse, or disrupt other users of the Website and its services.

License. By using this Website and its services, you are granted a limited, non-exclusive, non-transferable right to use the services on the Website in connection with your normal, 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 LEARNING MOJO PRIVATE LIMITED or the applicable third party (if third party content is at issue).

Posting. LEARNING MOJO 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. LEARNING MOJO PRIVATE LIMITED is not liable for any damage or harm resulting from any posts by or interactions between users. LEARNING MOJO PRIVATE LIMITED reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content LEARNING MOJO PRIVATE LIMITED deems objectionable, in LEARNING MOJO PRIVATE LIMITED’ sole discretion.

DISCLAIMER OF WARRANTIES

Your Use Of This Website And/or Services Are At Your Sole Risk. The Website And Services Are Offered On An “As Is” And “As Available” Basis. Learning Mojo 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 Services. (“Services” Include Trial Offers.)

Without Limiting The Generality Of The Foregoing, Learning Mojo 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 Information 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.

LIMITATION OF LIABILITY

Learning Mojo Private Limited Entire Liability, And Your Exclusive Remedy, In Law, In Equity, Or Otherwise, With Respect To The Website Content And Services And/or For Any Breach Of This Agreement Is Solely Limited To The Amount You Paid, For Services Purchased Via The Website.

Learning Mojo 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 Services; (2) The Cost Of Procuring Substitute Services; (3) Any Services 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.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless LEARNING MOJO 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 and/or services or your use of the Website content and/or services; (3) the Services or your use of the Services (including Trial Services); (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 LEARNING MOJO PRIVATE LIMITED. When LEARNING MOJO PRIVATE LIMITED is threatened with suit or sued by a third party, LEARNING MOJO PRIVATE LIMITED may seek written assurances from you concerning your promise to indemnify LEARNING MOJO PRIVATE LIMITED; your failure to provide such assurances may be considered by LEARNING MOJO PRIVATE LIMITED to be a material breach of this Agreement. LEARNING MOJO 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 Services, with counsel of LEARNING MOJO PRIVATE LIMITED choice at its expense. LEARNING MOJO 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 LEARNING MOJO PRIVATE LIMITED against any claim, but you must receive LEARNING MOJO 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.

PRIVACY

LEARNING MOJO PRIVATE LIMITED believes strongly in protecting user privacy and providing you with notice of LEARNING MOJO PRIVATE LIMITED’ use of data. Please refer to LEARNING MOJO PRIVATE LIMITED privacy policy, incorporated by reference herein, that is posted on the Website.

AGREEMENT TO BE BOUND

By using this Website or purchasing Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

GENERAL

Force Majeure. LEARNING MOJO PRIVATE LIMITED will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. LEARNING MOJO 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 Services.

Entire Agreement. This Agreement comprises the entire agreement between you and LEARNING MOJO PRIVATE LIMITED and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of LEARNING MOJO 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 LEARNING MOJO 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 State of Karnataka. By using this Website or using our Services, 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. LEARNING MOJO 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 LEARNING MOJO PRIVATE LIMITED may, in its sole discretion and without advance notice to you, cancel any outstanding use of Services. If your access to the Website is terminated, LEARNING MOJO 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 LEARNING MOJO PRIVATE LIMITED chooses, in its sole discretion and without advance to you, to terminate it.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. LEARNING MOJO 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 AND/OR ITS SERVICES FROM THIS WEBSITE YOU AGREE

TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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