These Terms constitute an Electronic Record in accordance with the Provisions of the Information Technology Act, 2000 and the Information Technology (Inter- mediaries Guidelines) Rules, 2011 thereunder as amended from time to time.
Your use/access/browsing of our Website/Application/Services or Products and/or Registration in any form/mode (with or without payment/with or without subscription) through any means … shall signify Your Acceptance of the Terms and Your Agreement as to be legally bound by the same.
2) Your use of our products, Website, Application and Services is solely for Your personal and non-commercial use. Your any use of our Application, Website, Services or Products and/or their related contents “other than for such authorised (restricted) personal purposes is strictly prohibited. Your use as such of our Application, Website, Products and/or Services … shall be understood as always strictly subject to the following restrictions :
a) You may not decompile, reverse engineer or dis-assemble the contents of our Application/Website/Services/Products nor modify, copy, distribute, transmit, display, perform, re-produce, publish, license, create derivative work(s) from, transfer nor sell any information nor software obtained from our Application/Website/Services/Products nor remove any copy-right, trade-mark registration, other proprietary notices etc from the contents of our Application/Website/Services/Products concerned.
b) You shall not (a) use our Application/Website/Service(s)/Products etc., for any kind of commercial purposes nor you shall be competent to advertise/sell our Application/Website/Services/Products nor any Domain names (whether for and/or without profit), nor to solicit others (including, without limitation for contributions or donations) nor allowed to use any of our public forum(s) for commercial purposes of any kind nor to use our Application/Website/Services/Products in any way that is unlawful and/or otherwise harms our ‘Company’ or any other Person(s) or entity(s) as determined by this Company (LUCID STUDY) in any manner contra to these agreed Strict Terms.
c) No-User of our Company shall be taken as permitted to perform any of the following prohibited activities while being our User :
i) Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, damaging Human rights, hateful, racially, ethnically or otherwise objectionable as against the Public Policy and/or against the Laws of Land,
ii) Stalking, intimidating, provoking and/or otherwise harassing another and/or inciting other to commit any act(s) of violence,
iii) Transmitting material that encourages anyone to commit an Offence(s) and/or results into any civil liability or otherwise breaches any relevant Laws, Rules, Regulations or Code(s) of practice etc,
iv) Unlawfully interfering with any other Authorised Person's use or enjoyment of the Application/Website/Services,
v) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the ‘Company’ (and/or of the concerned Thrid-Party Owners) Owner, committing and/or otherwise un-authorisedly making any act(s) that amounts to the infringement of ‘Intellectual Property Rights’ or other ‘Proprietary Rights’ of anyone else,
vi) Making available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such making/usage of the same,
vii) Impersonate any person(s) or entity(s) or falsely state or otherwise mis-represent Your affiliation with a Person or Entity,
viii) Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, Explosive contents, cancel bots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other permitted-users or limit the functionality of any computer(s) software, hardware or tele-communications, device(s), or that may harvest or collect any data or personal information about other Users without their consent required,
ix) Access or use the Application/Website/Services/products in any manner that could damage, disable, over-burden or impair any of the Application/Website Servers or the Networks connected to any of those Servers on which the Application/Website is hosted,
x) Intentionally or un-intentionally interfere with or disrupt the services or violate any applicable Laws related to the access to or use(s) of the Application/Website/Services, violate any requirements, proce- dures, policies or regulations of any Networks connected to the Application/Website/Services or engage in any activity expressly/ impliedly prohibited by any Law/Rule and by these agreed Terms,
xi) Disrupt or interfere with the security of, or otherwise cause harm to, the Application / Website / Services / Products, Materials, Systems Resources or gain un-authorized access to User-Accounts, Passwords, Servers or Networks connected to or accessible through our Application/Website/Services/Products or affiliated/linked sites,
xii) Interfere with, engage in disruptive attacks such as denial of service or inhibit any user from using and enjoying access to the Application / Website/Services/Products and/or other affiliated sites,
xiii) Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology or any similar/equivalent manual process to increase traffic to the Application/Website/Services/ Products, to access, acquire, copy or monitor any portion of the Application/Website/Services/Products or in any way reproducing or circumvening the navigational structure or presentation of the Application/its content(s) in order to obtain/attempt to obtain any content / document(s) / information through any means You are not specifically permitted nor made available through the Application/ Website / Services / Products,
xiv) Alter and/or modify any part of the Company’s Services,
xv) Use the Services for purposes You are not permitted either by these Terms or under any Law/Rules/Regulations and/or otherwise generally accepted Jurisdictional Practices or Guidelines, and/or
xvi) Violate any of these agreed ‘Terms’ for the use of the Website/ Application / Services / Products and so on.
3) By submitting content on or through the Services (your ‘Material’) while you are logging-in and registering with our Company, it shall be always deemed as you hereby grant (subject to these Terms and to our Company’s permitted limitations) “us a Worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, re-produce, process, adapt, modify, publish, transmit, display and distribute any such Material (of You our Registered User) in any/all media or distribution methods (presently known and/or later developed also) and to associate your Material with you except as described below”. By your agreeing to our Company’s Terms as such, it shall also be deemed as “You hereby fully agree that others may use Your Material in the same way as any other content available through the Company’s Services/Sources. Such ‘Other Users’ of the Services may fork, tweak and repurpose your Material in accordance with these Terms. You also please note that if you delete your User Account for any purpose/reason, your Material and name may still remain available through the Services until we (the Company) fully deletes your Account and Name.
4) In the preparation of the Application/Website/Services/Products and contents therein, we the Company (LUCID STUDY) shall be viewed as taken every effort to offer the most current, correct/accurate and clearly-expressed information possible still, any little in-advertent errors may occur. In particular (but without limiting anything hereto), the Company disclaims any responsibility for any errors and in-accuracy of the information that might have in-advertently contained in the Application. Any Feedback/Suggestions from our ‘User(s) is thus always most welcome to make the Application and its contents error-free and user-friendly. Company also reserves its right and discretion to make any needy changes / corrections, additions/withdrawals of any its Application contents at any time without any notice to the User(s). Neither the Company nor any Third-parties provide any Warranty/Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and material(s) found or offered on the Company’s Application/Website/Services/Products for any particular purpose. You (the Company’s registered Users) acknowledge that such information and materials though as may contain any in-accuracies or errors, still we (the Company) expressly exclude shall be taken as liability-free.
5) Our Website provides Users with access to compiled educational information and related sources provided ‘on as Is basis’ and We (the Company) hereby assumes no-liability for the accuracy or completeness or use or otherwise lesser-quality of such information. We shall not be liable to up-date or ensure continuity of such information contained on the Website. We (the Company) shall not be held as responsible for any errors which might take place, appear in such information which is compiled from Third-party sources and/or for any un-availability of such information. The Company’s Website may also include links to other Websites from time to time which are provided for your (the User’s) convenience to provide further information so, do not signify that we (the Company) endorse the Website(s). We shall not accept any Responsibility for the content of the Linked-Website(s). You (the Users) may not create a link to the Website from another website/Document without our prior written-consent.
6) The contents of Our Application/Services/Products are developed on the concepts covered by the structured-curriculum syllabus prescribed for students of various courses. The usage of the Application/Services/Products is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy-understanding. The basic definitions and formulae of the subject matter would remain the same. The Company (LUCID STUDY) acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application / Services / Products which does not imply our endorsement of any particular method nor exclusion imply disapproval. Subscription to our Application or usage of our Services/Website/Products by our User(s) does not in any manner guarantee admission to any educational institutions or for their passing of any exams or achievement of any specified percentage of marks in any examinations.
7) Certain contents in our Website/Application/Services/Products relating to assistance in preparations for administrative services in particular, may contain one’s opinions and views as such, the ‘Company’ shall not be made and held responsible for such opinions and/or any claims resulting therefrom. Further, the Company makes No-Warranties nor Representations whatsoever regarding the quality, content, completeness and/or complete adequacy of such information and data and Material.
8) Some parts of our Services are interactive and we always encourage contributions by Users which may or may not be subject to Editorial-control prior to their being posted on ‘Public Forums/Platforms’. The Company accepts no kind of responsibility/liability for any material that is communicated by Third-parties in this process of Interactions. The Company always fully reserves its right at its sole discretion to remove, review, edit or delete any content if felt otherwise necessary and/or for the Users-Benefit at large. Similarly, the Company shall not be responsible/liable for any content directly up-loaded by the ‘Users’ on the Website whether the Company have certified any answer uploaded by such User. We shall not be responsible to verify whether such questions / answers or contents placed by any User … contain any infringing materials or not.
9) The Company (usually based on any form of access to the Application including free download/trials or Services or Website or registrations) through any source whatsoever, may contact ‘the User(s)’ through SMS, e-mail/Phone-Call etc., to give information about its products as well as Notifications on various important up-dates and/or to seek permission(s) for demonstration of its Products etc,. The User thus, shall be deemed as … expressly grants such permission to contact him / her through Telephone, SMS, e-mail at any time post registration and thereby holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do-not-Call (DNC) / Do-not-Disturb (DND) mode/database. By registering yourself (fully reading these our Company’s Terms), it shall be presumed that you agree to make your contact details available to Our Employees, Associates and Partners so that you may be contacted for education information and promotions through Telephone, SMS, e-mail etc.
10) While the Company may (based on the User's confirmation) facilitate the demonstration of its products at the location opted by the User, the User shall be deemed as acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations and inspections as the User has chosen to make and that the Company has afforded the User all the free opportunity for the User’s full and complete investigations, verifications and inspections as to the reliability etc of our Company before the User(s) ultimately registered with our Company under these Terms.
11) Upon the User’s registration the Company further shall also have the right to monitor the download and usage of the Application/Services/Products and the contents thereof in the User’s (Student’s) User-Account to analyze such usage and discuss the same with the User/Student so as to enable him/her effective and efficient usage of the Services. The User shall be deemed as also expressly permits the Company to clarify/explain the User/Student’s doubts using the Application / Services on-line portal by answering the questions (placed before it) providing study-plans, informing the progress/status, providing feed-back, communicating with the User/Student and mentoring the User/student through either of the above-permitted means or through any other forum feasible to the Company.
12) While the Company though has made all best and reasonable efforts to train the personnel engaged in the sales/services relating to the Company’s Products to enable quality control, still the Company makes no-warranties whatsoever regarding the quality and competence of such personnel and shall not be responsible for any deviant behaviour of any such personnel concerned to the Company. Any feedback from the User(s) relating to the same is of-course, always most welcome. The Company by reserving its right and discretion to take any needful action (against such erring/wrong-doing personnel always within the Company’s strict permitted limitations) in this regard, still it itself cannot accept any direct responsibility/liability for any such Personnel’s self-made mistakes etc,.
13) Access to certain elements of our Company’s Services including doubt- clearance, Student mentoring services etc may be subject to separate terms and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. The Company further also reserves its right to extend, cancel, dis-continue, pre-maturely withdraw or modify any of Our Services at Our (Company’s) discretion in the process of maintaining its quality-services.
14) The Company's Products/Services including the Application and content (though always committed to upgrade/update Services/Products to suit the changing situations from time to time) are compatible only with certain Devices/ Tablets / Instruments / Hardware so shall not be obligated to provide ‘workable products and/or services’ for any instruments that are not recognized by the Company or those instruments that are not compatible to our Company's Application / Services / Products.
15) The Company’s task Up-loading its Service/Product/Content’ On-line will be automatically done in its routine manner scheduled and for any inter-mediate delay if occurred in the content’s loading on the ‘User’s Device’ (since solely depends upon the User’s Network availability/Usage/Speed etc,) ... The Company shall not be blamed nor disputed to.
18. Our Company’s Public Relations Officer will also reach you and sell our Product personally in 24-Hours of your enrolment (contacting to our Call Centre Office on (Ph’ Nos’: _____________________) if you (the User) wish and on your specifying/ furnishing the address. 19. ‘Cancellation of Registration & Refund Policy’ : Any ‘Registered User’ with our Application/Company for any valid reasons (strictly within 24-Hours of his/her Registration-Activation but not beyond) if does not wish to continue and if wish to cancel his/her registration only in the following manner :
i) The ‘cancellation request’ has to be made to cancellations. Lucidstudy@@gmail.com with your e-mail ID (used during service registration) only if it (Cancellation Request) is made within 24-Hours of the User’s activation of User-ID but not beyond. Then only, the Cancelled-User will be entitled to receive ‘Refund Value’ eligible under these Terms.
ii) ‘Cancellation/Refund Request’ if made beyond 24-Hours from the User’s registration activated, will not be accepted nor entertained under any circumstances and the Company shall not be disputed for the delayed ‘Cancellation/Refund Request’ made.
iii) All ‘Refunds’ (of the Net-Amount from the User’s paid amount deducting the GST / Other Taxes that are automatically incurred by the Company on the User’s Registration itself) … shall be arranged by the Company to the Cancelled-User “Only to the User’s Bank Account (furnished with Cancellation Request) within 10-Bank Working Days but not otherwise”.
19. You (the User) acknowledge that the Company is not the manufacturer of any instrument/medium/hardware and hence any Third-party person sells the product in our Company’s name, it shall be at your own risk and our Company (LUCID STUDY) shall not be responsibe for that in any manner.
20. In order to access ‘our Company Services’ and to avail use of our Application/ Products etc., You User shall be required to register yourself with the Application / Services / Products and to maintain a ‘User-Account’ with the Application/Services/ Products. You shall be required to furnish certain information and details, including Your Name, Mobile Number, e-mail address, Residential Address, Student’s Grade/Class, School Name, Payment Information (credit/debit card details) if required and any other information deemed necessary by the Application. With respect to the provision of above Information, You please note THAT :
a) It is Your sole responsibility to ensure that the User-Account information provided by You is accurate, complete and latest.
b) You shall be responsible for maintaining the confidentiality of the ‘User-Account’ information and for all activities that occur under Your User-Account by fully agreeing (a) To ensure that You successfully log-out from Your User-Account at the end of each logging-session, (b) To immediately notify our Company of any un-authorized use of Your User-Account if you reasonably believe/suspect that there is likelihood of breach/mis-use (by Others) etc., of your User-Account and its Security so that, we may request You to immediately change the ‘Password’ or we may suspend Your account without giving any liability to the Company for such period of time as we deem appropriate in the circumstances. We the Company, in those strained circumstances, shall not be held/made liable/accountable for any such loss or damage even if arisen therefrom Your failure to comply with this Safety-Provision.
c) You acknowledge that Your (User’s) ability to use Your User-account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee for your accessibility to the Application at all those hard-times. In addition to the dis-claimers set-forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access to our Application/Services at any time beyond our reasonable control.
21) Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Persons who are Minors, Un-discharged Insolvents etc. are not eligible to register for Our Products or Services.
22) If You (being a Minor) wish to register/use Our Application/Products or Services, it shall be made available to You only through Your Legal Guardian or Parents who agree and bind to these Terms. A Minor’s utilization of our Company’s Application/Website/Services contra to these express and implied Terms, it shall be assumed that He/She has registered to our Application/ Website/ Services etc either by giving false-information of his/her legal capacity (to contract with us) or as if our Application/Website is registered only through his/her Parent/Legal Guardian having control over him/her but not otherwise. The Company shall not be responsible for any consequence(s) that arise as a result of mis-use/un-authorised use (like by any Minor etc under the control of the Parent/ Legal Guardian) etc of Our Website/Application/Products/Services that may occur by virtue of any person including a Minor registering for the Services/Products provided. By using our Products or Services (by fully agreeing to these our Terms), You (the Users) warrant our Company of any those legal adversities arose due to your Mis-use/un-authorised use etc. Our Company always reserves the right to terminate Your subscription and/or refuse to provide You with access to our Application/Website/Products/Services etc., if it is discovered at any time during your active registration that You are ‘under-the-age-of-18- (eighteen) years’ and due consent for the same as is not made/furnished to us by Your parent/legal guardian or any information provided by You is inaccurate etc. You acknowledge that the Company does not have the responsibility to ensure confirming to your aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification on the Application.
23) You the User agree to defend, indemnify and hold our Company, Our Officers, Directors, Employees and Agents etc all harmless from and against any such claims, damages, obligations, losses, liabilities, costs or debt(s) and expenses (including but not limited to attorney's fees) arising from : (i) Your use of and access of the Application/Website/Services, (ii) Your violation of any of these Terms or any other policy of our Company, (iii) Your violation of any Third-party’s right including without limitation to any copyright, property, or privacy right and (iv) any claim that Your use of the Application/Website/Services has caused damage to a Third-party. This express and implied ‘clause of indemnity’ obligation will always survive in support of these Terms.
24) In no event our Company, Officers, Directors, Employees, Partners and/or Authorised Agents, shall be held liable to You and/or to any Third-party for any special, incidental, direct/in-direct, consequential or punitive damages etc whatsoever including those resulting from any loss of use, data or profits or any other claim arising out of or in connection with Your use of or access to our Company Application/Website/Services and Products etc.
25) In the event of Your committing breach any of these Terms, in addition to our instant remedy reserving to immediate suspension/termination of Your User-Account(s), You agree yourself that the Company will be so irreparably harmed not having an adequate remedy in terms of money or damages in the event of so, our Company therefore, shall be entitled to appropriate Remedies like ‘Orders of Injunction’ etc (with all ancilliary reliefs we are entitled to) against you concerned for our cause(s) from the Court(s) of Law having competent jurisdiction in the circumstances.
26) In the event of any violation/breach of any/all of these express and implied Terms you hereby agreed, you should also note that ‘the Company’ hereby also reserves its right to also disclose ‘Your User-Account Information’ also if required by any Governmental/Legal Authority/Agency in addition to your liability/accountability for all those adverse Civil and/or Criminal Actions etc under all applicable Laws.
27) ‘These Terms’ shall be governed by and shall be construed as in accordance with the Laws of India without regard to conflict of law & principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Hyderabad and You hereby accede to and accept the same.
28) The Company has the right to change modify, suspend or to discontinue and/ or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to legally amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied to maintain or to continue any aspect of the Application. You agree that the Company shall not be liable to You or to any Third-party for any modification, suspension or dis-continuance of the Application / Services. All prices are subject to change with ‘Prior-notice’ and if so, all our Users to please understand binding to the same.