Kengine, Kengine Konnect, StarTeacher and Learning Matters Website Terms of Use

Date of last revision: May 31, 2018

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

Welcome to the Kengine, Kengine Konnect, StarTeacher (“Kengine,” “we,” “us,” or “our”) websites (http://www.kengine.xyz, www.konnect.kengine.xyz and https://www.LearningMatters.xyz) and related Kengine and Learning Matters webpages (“Site”). Learning Matters Private Limited owns and operates Kengine, Kengine Konnect and StarTeacher services. The Site offers online digital content to teachers, parents, students, and the public. These Terms are a legal agreement between you, a registrant or user of the site (“you” or “your”), and Learning Matters and govern your use of the Site. Your access to the Site is dependent upon your acceptance of these Terms and our Privacy Policy, which is incorporated into these Terms by reference. Please read these Terms and our Privacy Policy carefully. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT USE OR REGISTER FOR AN ACCOUNT ON THE SITE.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE OR REGISTER FOR AN ACCOUNT WITH THE SITE, YOU ARE BOUND BY THESE TERMS AND OUR PRIVACY POLICY WITH RESPECT TO YOUR CHILD’S USE OF THE SITE.

1. Registration.

User Name and Password. 

If you register for an account on the Site, you must provide Learning Matters with your current, complete, and accurate information. Your username and password may only be used by you. You are responsible for keeping your username and password confidential and you may not authorize any third party to use them. You agree that Learning Matters may attribute all use of your user name to you and that you are responsible for all activity that occurs under your account. If the security of your account or your username or password has been compromised, please notify Learning Matters immediately at: contact@LearningMatters.xyz.

Social Networking Services. Learning Matters may permit you to register for and authenticate your account through a third party social networking service, such as Facebook, Twitter or Gmail (“Social Networking Service”). By registering and authenticating your account using a Social Networking Service, you agree that Learning Matters may access your account information from the Social Networking Service. You are solely responsible for your relationship with the Social Networking Service.

2. Privacy

Learning Matters Privacy Policy is incorporated into these Terms by reference. Our Privacy Policy describes information relating to our collection, use, and disclosure of your information.

3. Third Party Websites and Links;Additional Terms.

The Site may contain links or references to third party websites that we think may be of interest to you. When you link to another site, that site is governed by its own user agreement and privacy policy, which you should be sure to read. Learning Matters does not endorse or sponsor any third party websites or the information, products, or services contained on any third party websites, and we have no control over these websites or their content. Access to and use of any third party website is solely at your own risk.

4. Permitted Use and Distribution.

You may not copy or distribute the materials that appear on the Site. You may not use the Site materials for any commercial purpose or in any manner that disparages or discredits any person. Permission to copy or distribute any materials that appear on the Site that are owned or copyrighted by others must be obtained from the third party that owns such content.

5. Acceptable Use

You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of [search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

(h)       use data collected from our website to contact individuals, companies or other persons or entities.

6. Return and Refund Policy

Any services once subscribed by you using the Site or otherwise cannot be returned to us. We will not offer any refund of subscription fee. (partially or fully) To contact us for any other questions, you can write to us at our address or email id given elsewhere in this document.

7. Shipping

Login credentials to all services for which you subscribed to will be sent to you using your registered email id. If you subscribed to our services through any of our B2B partners (such as a school), your login credentials will be communicated to you through that entity.

8. Links and Metatags.

You may link to the Site as long as you do not do so in a false or misleading manner. You may not use metatags or any other “hidden text” that incorporates the Site’s contents without Learning Matters express written consent.

9. Site Availability.

You may access the Site if and when it is available. The Site may occasionally be down for service, upgrades, or for other reasons. Learning Matters does not guarantee availability of the Site or of materials on the Site. To the maximum extent authorized under applicable law, Learning Matters reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice.

10. Site Support.

Learning Matters will provide support in relation to the Site and your account. Learning Matters has no obligation to provide support in relation to the services related to any of the linked third party websites.

11. Termination.

Learning Matters reserves the right to terminate content, the Site, or access to the Site at any time, without notice, for any reason, including for your violation of any of the provisions of these Terms. All provisions which by their nature are intended to survive termination shall so survive, including without limitation, Sections 9, 10, 11, 12, 13, 18 and 19.

12. Disclaimer of Warranties.

THIS SITE, INCLUDING TEXT, GRAPHICS, LOGOS, AUDIO AND VIDEO CLIPS, PHOTOGRAPHS, AND OTHER CONTENT, IS PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS, AND WE DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE. ALTHOUGH WE WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE ARE FREE FROM SUCH FEATURES.

13. Limitation of Liability.

WE ARE NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE SITE, NOR FOR ANY CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR USE OF THE SITE OR YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

14. Exclusion of Certain Damages.

IN NO EVENT SHALL LEARNING MATTERS  BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Limitation of Direct Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 11, LEARNING MATTERS MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE SITE SHALL BE LIMITED TO INDIAN RUPEES FIVE (INR5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE PROGRAM WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

16. Indemnity.

You hereby agree to defend, indemnify, and hold Learning Matters and its affiliates, and their respective directors, officers, members, managers, employees, agents, partners, suppliers, and licensors (“Indemnified Persons”) harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site and activities occurring under your user name; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law.

If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and Learning Matters for violations of these Terms.

17. Copyright Infringement.

Greatest care has been taken to ensure there are no violations of copyrights of anyone. If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send written notice thereof to our Designated Copyright Agent, who can be reached as follows:

Learning Matters Private Limited
163, 6th A Cross, Vijaya Bank Layout,
Bilekahalli, Bannerghatta Road,
Bangalore-560076 INDIA

Email: contact@learningmatters.xyz

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Any person who knowingly misrepresents that material is infringing may be subject to liability.

18. Notices.

Learning Matters may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to Learning Matters. You agree to send notices to Learning Matters by mailing them to the following address:

Learning Matters Private Limited
163, 6th A Cross, Vijaya Bank Layout,
Bilekahalli, Bannerghatta Road,
Bangalore-560076 INDIA

Email: contact@learningmatters.xyz

19. Modification to these Terms.

Learning Matters reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

20. Copyright and Trademarks.

Learning Matters owns or licenses the copyright in all the materials on the Site, including text, photographs, graphics, logos, button icons, audio, video and software. Those rights are protected by Indian copyright laws and other intellectual property laws. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, or otherwise violates any of your intellectual property rights, please contact us as described in the “Copyright Infringement” section above.

21. Governing Law and Exclusive Jurisdiction and Venue.

This agreement is subject to the laws applicable in India. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms, the Site, or the materials on the Site will reside in the courts in Bangalore, India.

22. General.

If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. Learning Matters may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your account. If, at any time, Learning Matters fails to respond to a breach of these Terms by you or others, such failure will not waive Learning Matters right to act with respect to subsequent or similar breaches. A waiver will only be binding on Learning Matters if it is in writing and signed by Learning Matters. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and Learning Matters with respect to your account, the Site, and materials on the Site. Both you and Learning Matters warrant to each other that, in entering these Terms, neither Learning Matters nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Learning Matters, Indemnified Persons or successors and permitted assigns of the foregoing, will have any right to enforce any of these Terms. YOU AND LEARNING MATTERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SITE MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

23. Comments and Questions.

If you have questions, comments or concerns about the Site, including about the materials appearing on the Site, please contact us at: contact@learningmatters.xyz. You may also call us at +91 98866 27289.

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