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TERMS AND CONDITIONS

These terms and conditions (“terms of use”) state important requirements regarding your use of INMOVIDU TECHNOLOGIES PRIVATE LIMITED website services and your relationship with INMOVIDU TECHNOLOGIES PRIVATE LIMITED. You should read them carefully as they contain important information and instructions such as how long it lasts, fees for early termination, our rights to change its conditions, limitations of liability, privacy, and settlement of disputes by arbitration instead of in court. If you accept this agreement, it will apply to all your service plans provided by INMOVIDU TECHNOLOGIES PRIVATE LIMITED, including all your existing plans. Your acceptance of these terms & conditions will be implied by the use of the INMOVIDU TECHNOLOGIES PRIVATE LIMITED service.

(The “Terms, Conditions and Policies” are subject to change)

“AGREEMENT”

These terms and conditions, together with each accepted plan order submitted by you, any additional terms mentioned for your plan order and the privacy policy, state the entire agreement between you and INMOVIDU TECHNOLOGIES PRIVATE LIMITED (the “agreement”). The plan order will form the part of the “agreement” only if the same has been acknowledged by INMOVIDU TECHNOLOGIES PRIVATE LIMITED in writing or by an e-mail. You must agree to the terms and conditions in order to be eligible to use the INMOVIDU TECHNOLOGIES PRIVATE LIMITED Portal (defined below), or obtain services.

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

“Content”

Software, Materials, Solutions, Services and other related information are collectively referred to as “Content.”

“You”

“You” means you individually, any person, including any employer/company that you are acting on behalf of or company /employer who has purchased these services/software for your consumption.

“INMOVIDU TECHNOLOGIES PRIVATE LIMITED”

Trademark “INMOVIDU TECHNOLOGIES PRIVATE LIMITED” is used by Learning Brothers, pursuant to license issued by INMOVIDU TECHNOLOGIES PRIVATE LIMITED, all rights, title or interest are reserved by INMOVIDU TECHNOLOGIES PRIVATE LIMITED.

“INMOVIDU TECHNOLOGIES PRIVATE LIMITED Certified expert(s)”

“INMOVIDU TECHNOLOGIES PRIVATE LIMITED Certified expert(s)” means experts and specialists certified by INMOVIDU TECHNOLOGIES PRIVATE LIMITED to perform the Services provided under this Agreement.

“INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal”

“INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal” shall mean all the learning management ecosystem which includes dashboard, website, etc.

“Subscription Based Plans” or “Subscriptions”

“Subscription Based Plans” or “Subscription(s)” are tenured Subscription plans offered by INMOVIDU TECHNOLOGIES PRIVATE LIMITED that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.

“Services”

All references to “Services” refer to any INMOVIDU TECHNOLOGIES PRIVATE LIMITED offerings that you enter into with INMOVIDU TECHNOLOGIES PRIVATE LIMITED through use of the INMOVIDU TECHNOLOGIES PRIVATE LIMITED website located at www.inmovidu.com or by calling the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and phone number mentioned on the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal. These Terms of Use govern all plans available through the INMOVIDU TECHNOLOGIES PRIVATE LIMITED website located at www.inmovidu.com, and any use of the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Services.

“Materials”

“Materials” means any webcasts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal are the proprietary and copyrighted work of INMOVIDU TECHNOLOGIES PRIVATE LIMITED. The definition of “Materials” doesn’t include the design or layout of the learningbrothers.com web site or any other INMOVIDU TECHNOLOGIES PRIVATE LIMITED owned, operated, licensed or controlled website.

“Software”

“Software” means a computer program of any kind, whether owned by INMOVIDU TECHNOLOGIES PRIVATE LIMITED or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both INMOVIDU TECHNOLOGIES PRIVATE LIMITED Software and any third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).

“Per Incident Plan”

“Per Incident Plan” shall mean the services package offered either by direct payment or as per signed contract with the Company/employer and INMOVIDU TECHNOLOGIES PRIVATE LIMITED.

“Subscription Based Plans” or “Subscription(s)”

“Subscription Based Plans” or “Subscription(s)” are tenured Subscription plans offered by InMovidu Technologies Private Limited that is active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.

“Plan Order”

“Plan Order” means the plan order for the purchase and sale of Services, which are further governed by Standard Purchase Terms that are attached in the Purchase Order.

“Supplier”

“Supplier” means any third party service provider that INMOVIDU TECHNOLOGIES PRIVATE LIMITED undertakes for provision of the services as mentioned in the Plan Order

“User”

“User” is defined as an individual who has been granted access by INMOVIDU TECHNOLOGIES on email either by making direct payment or through contract signed with any corporate sector/institution/NGO etc.

SUBMISSION OF PLAN ORDERS; SERVICE PLANS

You may order Services by submitting Plan Orders through the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal or by calling INMOVIDU TECHNOLOGIES PRIVATE LIMITED. Once INMOVIDU TECHNOLOGIES PRIVATE LIMITED accepts the Plan Order submitted by you, then you will receive an email from INMOVIDU TECHNOLOGIES PRIVATE LIMITED at the email address that you provide or have provided to INMOVIDU TECHNOLOGIES PRIVATE LIMITED as part of the Registration Process for the Services. INMOVIDU TECHNOLOGIES PRIVATE LIMITED and is not responsible for rendering Services in connection with any Plan Order that has not been accepted. Upon acceptance by INMOVIDU TECHNOLOGIES PRIVATE LIMITED of a Plan Order, you will have a Service Plan.

UNDERTAKING

Subject to the Terms and Conditions, and other terms specific to each Service Plan, INMOVIDU TECHNOLOGIES PRIVATE LIMITED will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, INMOVIDU TECHNOLOGIES PRIVATE LIMITED will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances. You understand that there will be no liability for INMOVIDU TECHNOLOGIES PRIVATE LIMITED. All undertakings under Service Plans are subject to INMOVIDU TECHNOLOGIES PRIVATE LIMITED’s limited warranty, which is set forth below. For more information, please refer to online documentation or call us. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.

PAYMENT

Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. INMOVIDU TECHNOLOGIES PRIVATE LIMITED has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.

You understand that certain Service Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee” payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the order. For payments under the Recurring Payment Plan, apart from the monthly instalments of the Service Fee, payable over a one (1) year payment term, You shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation / Setup Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.

When you purchased the Service, you agreed to a specific price and plan, where such plan may be for a term of one, two, or three years (“Term Plan”). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other INMOVIDU TECHNOLOGIES PRIVATE LIMITED services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the INMOVIDU TECHNOLOGIES PRIVATE LIMITED services you were required to purchase to receive the special rate as notified to INMOVIDU TECHNOLOGIES PRIVATE LIMITED; or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.

RENEWAL POLICY

You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by You (“Auto Renewal”). However, a Subscription under the Annual Payment Plan does not automatically renew and expires at the end of the applicable Term Plan. Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with INMOVIDU TECHNOLOGIES PRIVATE LIMITED. If you would like to opt out of the Auto Renewal, please call us and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service.

REFUND POLICY

For subscription based plans, a full refund will be issued if INMOVIDU TECHNOLOGIES PRIVATE LIMITED hasn’t been able to meet a single requirement for you within the first 15 days of the subscription. If there are one or more resolved requirements, the fees for the Subscription Service will not be refundable. Notwithstanding this INMOVIDU TECHNOLOGIES PRIVATE LIMITED may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer. You will be eligible for refund when any of the following criteria are met: (1) You have all the prerequisites which were required to resolve the requirements and requirements was not resolved till the time account was active. (2) The requirement is out of scope for the particular plan.

PRIVACY POLICY

The INMOVIDU TECHNOLOGIES PRIVATE LIMITED which is an integral part of these Terms and Conditions, is incorporated here by reference. If you have not yet reviewed the INMOVIDU TECHNOLOGIES PRIVATE LIMITED Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to INMOVIDU TECHNOLOGIES PRIVATE LIMITED over the telephone, electronically or otherwise, is not confidential or proprietary to you. You hereby agree and consent to data assimilation and evaluation derived during the usage of the services rendered by M/s. INMOVIDU TECHNOLOGIES PRIVATE LIMITED and/or suppliers/strategic partners (“the Recipient”). You hereby give consent to the collation and user of this data collection by the Recipient for mapping your work pattern generally while you are working with the employer/company or while using the services/products rendered by INMOVIDU TECHNOLOGIES PRIVATE LIMITED.

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:

Each Subscriber’s use of the services are subject to INMOVIDU TECHNOLOGIES PRIVATE LIMITED “fair use” policy. Under this policy, if at any time, in INMOVIDU TECHNOLOGIES PRIVATE LIMITED sole discretion, a user is found to be abusing the service by exceeding the level of use reasonably expected for use, than INMOVIDU TECHNOLOGIES PRIVATE LIMITED reserves the right to suspend or terminate Subscriber’s Subscription / Services. In addition, INMOVIDU TECHNOLOGIES PRIVATE LIMITED reserves the right to suspend or terminate any Subscription / Services of any Subscriber that INMOVIDU TECHNOLOGIES PRIVATE LIMITED, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to INMOVIDU TECHNOLOGIES PRIVATE LIMITED; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

LINKING

You may not create hyperlinks to any portion of the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal, nor any Materials or Software posted therein. This may ensue liability under applicable laws in India.

INDEMNITY

You agree to indemnify, defend, and hold INMOVIDU TECHNOLOGIES PRIVATE LIMITED including its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants and suppliers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of INMOVIDU TECHNOLOGIES PRIVATE LIMITED or any other third party. You will cooperate as fully as reasonably required in INMOVIDU TECHNOLOGIES PRIVATE LIMITED of any claim, liability, damage or loss. INMOVIDU TECHNOLOGIES PRIVATE LIMITED reserves the right, at its own expense, to assume the exclusive and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of INMOVIDU TECHNOLOGIES PRIVATE LIMITED. You agree immediately to notify INMOVIDU TECHNOLOGIES PRIVATE LIMITED of any unauthorized use of your account or any other breach of security known to you.

USER RESPONSIBILITY

In connection with obtaining services, you agree that you will:

  1. Cooperate with the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and/or its suppliers support executive: We’ll use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the support executive. Please listen carefully to the executive and follow the instructions. You must confirm that the following conditions are true:
    1. The situation giving rise to the question is, reproducible
    2. You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
    3. The full system, including software and hardware, is available to you and accessible by you without limit during any discussions with INMOVIDU TECHNOLOGIES PRIVATE LIMITED and/or its supplier support executive.
  2. Software/Data Backup: You understand and agree that INMOVIDU TECHNOLOGIES PRIVATE LIMITED shall under no circumstance be responsible for any lost or corrupted software or data. INMOVIDU TECHNOLOGIES PRIVATE LIMITED strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJEURE CIRCUMSTANCES

You hereby acknowledge that circumstances outside of INMOVIDU TECHNOLOGIES PRIVATE LIMITED reasonable control (e.g., a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in INMOVIDU TECHNOLOGIES PRIVATE LIMITED or its suppliers’ ability to schedule a support session or performance of any of the services sought under your Plan Order. You hereby release INMOVIDU TECHNOLOGIES PRIVATE LIMITED from any and all liability and agree that INMOVIDU TECHNOLOGIES PRIVATE LIMITED shan’t be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.

INMOVIDU TECHNOLOGIES PRIVATE LIMITED or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

EXCLUSIONS FROM “SERVICES”

“Services” shan’t include the following:

  1. Any item or activity not covered by the terms of a Plan Order;
  2. Service beyond the duration limitations identified in your Plan Order;
  3. Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
  4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
  5. Problems that may and do result from:
    1. External causes such as accident, abuse, misuse, or problems with electrical power;
    2. Third party usage or tampering
    3. Usage that is not in accordance with product instructions provided by manufacture;
    4. Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
    5. Problems caused by using accessories, parts, or components not compatible with the product.
    6. Non Compliance with the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers support instructions for resolving the query.

THIRD PARTY PRODUCTS

As part of the Services, INMOVIDU TECHNOLOGIES PRIVATE LIMITED may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether INMOVIDU TECHNOLOGIES PRIVATE LIMITED assists you in the acquisition, installation, and/or use of Third Party Software. INMOVIDU TECHNOLOGIES PRIVATE LIMITED has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.

To the extent that we provide assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment. Any third party’s software licensed or purchased by you are at your own risk and cost. shall bear no liability, in whatever form, on account of any direct or indirect, consequential, incidental, special or punitive damages and/ or consequences that may be entailed by the you or anyone else by the use of these third party software. You agree and undertake to hold (including its directors, promoter, agents, sub-contractors, employees, subsidiaries and alike) harmless and indemnified against any third party claim, damage, liability, loss or cost whatsoever (including litigation cost, if any) that has accrued due to your fault, negligence, non-adherence to covenants, acts or omissions.

THIRD PARTY AGREEMENTS

As part of the Services, INMOVIDU TECHNOLOGIES PRIVATE LIMITED may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Any third party’s services opted by you are at your own risk and cost. shall bear no liability, in whatever form, on account of any direct or indirect, consequential, incidental, special or punitive damages and/ or consequences that may be entailed by the you or anyone else by the use of these third party services. You agree and undertake to hold (including its directors, promoter, agents, sub-contractors, employees, subsidiaries and alike) harmless and indemnified against any third party claim, damage, liability, loss or cost whatsoever (including litigation cost, if any) that has accrued due to your fault, negligence, non-adherence to covenants, acts or omissions. Violation of such third party provider’s terms of service may, in INMOVIDU TECHNOLOGIES PRIVATE LIMITED sole discretion, result in the termination of your customer account and use of service.

LIMITED SERVICE WARRANTY

INMOVIDU TECHNOLOGIES PRIVATE LIMITED disclaims all warranties express or implied as to the services, the materials and the software whether in the nature of merchantability or fitness for a particular purpose, or otherwise. In the event that you’re not satisfied with the services, your sole remedy is to (a) allow INMOVIDU TECHNOLOGIES PRIVATE LIMITED to re-perform the services subject to dispute, (b) re-download and reinstall the software. Some of the INMOVIDU TECHNOLOGIES PRIVATE LIMITED service plans come with a 7-day limited service warranty as provided in online documentation for those specific plans. This 7-day limited service warranty is subject to fulfilment of the terms for the specific service plan which is in addition to the terms and conditions in this document.

INMOVIDU TECHNOLOGIES PRIVATE LIMITED and/or its respective suppliers make no representations about the suitability of the information contained in the services, materials or the software for any purpose whatsoever. All materials and software are provided “as is” without warranty of any kind whatsoever. INMOVIDU TECHNOLOGIES PRIVATE LIMITED and/or its respective suppliers hereby disclaim all warranties of any kind whether express or implied with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

The materials could include inaccuracies or typographical errors. Changes are periodically added to the information herein. INMOVIDU TECHNOLOGIES PRIVATE LIMITED and/or its respective suppliers may make improvements and/or changes in the materials and/or the software described herein at any time. In no event shall INMOVIDU TECHNOLOGIES PRIVATE LIMITED and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data revenue or profits, whether in an action of contract, negligence or other tortious action, incurred by you or any third party, whether arising out of or in connection with the use or performance of services, materials or software, failure to provide the same, or information available in the materials.

NO OFFER

The INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal is available internationally and may contain references to INMOVIDU TECHNOLOGIES PRIVATE LIMITED products, services, and programs that are not available in a viewer’s country. These references do not imply that INMOVIDU TECHNOLOGIES PRIVATE LIMITED intends to make such products, services, or programs available in such country.

MODIFICATION

INMOVIDU TECHNOLOGIES PRIVATE LIMITED reserves the right to amend the Terms and Condition, and the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal at any time by (a) posting a revised version of the Terms and Conditions on the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to INMOVIDU TECHNOLOGIES PRIVATE LIMITED in connection with registration. You are responsible for regularly reviewing the INMOVIDU TECHNOLOGIES PRIVATE LIMITED website to be notified of any amendments to the Terms and Conditions. Your use of the INMOVIDU TECHNOLOGIES PRIVATE LIMITED and Learning Brothers Portal, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.