These Terms of Use (“Term”) shall govern use of website www.lsoft.co (“Website”), our applications (“Application”) or any product or service offered on such or in connection with the Website/Application belonging to Lsoft Technologies Private Limited, a company incorporated under Companies Act, 2013 having its registered office at S. No. 121/122, Tarangan Co. Soc., MIT College Corner, Paud Road, Kothrud, Pune – 411038 (“Lsoft”/“We”/“Us”/“Our”) by its User (“User”/“You”/“Your).

This Term is an electronic record in terms of the Information Technology Act, 2000 and rules contained thereunder as applicable and amended from time to time. This document is generated by a computer system and does not require physical or digital signature. Additionally Section 3(1) of Information Technology (Intermediaries Guidelines) Rules, 2011 requires publication of rules and regulation and user agreement in order to facilitate any of Users to access Our Website/Application. Thus, the present publication is in compliance with the above specified mandate.

Your access, browsing, use of the Application or the Website or the Service through any means shall signify Your consent to be legally bound by conditions specified in the Terms. Therefore, please read the Terms of Use carefully before proceeding. If you do not agree with the Terms, kindly discontinue the use of Website/Application/Services. Any access to our Website/Service/Application through registration and/or subscription is non-transferable.

Definitions

• 1.1. “Confidential Information” shall mean any information concerning or referring in any way to the business of Lsoft, whether or not disclosed to or acquired by You through or as a consequence of Your usage of our Services/Website/Application. Confidential Information consists of information proprietary to Lsoft which is not generally known to the public and which in the ordinary course of business maintained by Lsoft as confidential. Such Confidential Information includes, without limitation, computer Software, trade secrets, patent, inventions, copyrights, techniques, designs and other technical information in any way concerning or referring to scientific, technical or mechanical aspect of Lsoft’s products, services, concepts, processes, engineering, research and development. Confidential Information also includes, without limitation, information in any way concerning or referring to Lsoft’s business method, business plan, forecast and production, operation, organisational structures, finances, customers, funding, pricing, costing, marketing, purchasing, sales, Service information, customers, employees or their compensation, data processing, Software and all other information designated by Lsoft as “confidential”, whether or not marked or labelled as “confidential”. Confidential Information shall include all such above specified information belonging to Lsoft, its subsidiary, affiliates, partners and/or customers.
• 1.2. “Intellectual Property” shall mean collectively or individually the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and Confidential Information; and (v) internet domain names, internet and world wide web URLS or addresses; and (vi) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.



Services

• 2.1. The Website or Application is an online platform dedicated to serve efficiently the needs in education sector. The Website/Application provides online test series, postal test series, online test paper generation system, OMR Software and services, missed call alert system and SMS service (“Services”).



Lsoft account

• 3.1. The product and service are offered by Us only to those Users who registered themselves with Us and created an individual user account.
• 3.2. If You have not registered or created individual user account You shall not be entitled to avail any of the Services offered by us.
• 3.3. To create an individual user account, You are required to provide certain essential personal information such as name, contact information, email address and so on. You hereby confirm that the information so provided by you is accurate, realistic and complete and We shall not be liable in any manner for any discontinuance in the Service provided by Us due to inaccuracy or incompleteness in the information provided to Us.
• 3.4. You also agree and confirm that you shall refrain from using the account that belongs to another User without prior permission of such User and conversely shall not permit any unauthorised person to access Your account. You agree and accept to be solely responsible for any liability or loss incurred by You as a result of permitting any third party to access Your account.
• 3.5. You agree to be solely responsible for the activities that occur on Your account and You shall keep Your account password secure and shall refrain from sharing Your account details including password particulars with any third party.
• 3.6. If despite exercising Your best efforts if there is any unauthorised access or breach You hereby agree to immediately notify Us of such unauthorised access or breach of security in Your account.
• 3.7. You hereby agree and accept that at no point of time shall We be held responsible or liable for losses caused to You due to any unauthorised use or access of Your account. You agree to be solely responsible for any or all losses caused to Lsoft due to unauthorised access of Your account.



Payment

• 4.1. Users can avail any of the Service by making requisite payment, where as payment shall depend upon the service package availed by You. The payment for the service shall be rendered in a manner and as per instruction issued by Us from time to time.
• 4.2. You hereby agree that access to free trial service may be limited by Us to such persons and for such duration that We deem appropriate.
• 4.3. You accept that the amount specified as consideration is subject to revision by Us, solely at Our discretion, and You are not entitled to object to any such revision.
• 4.4. In the event of termination of Your accounts or Services by You, We shall be under no liability to refund any amounts paid by You.



Eligibility Criteria

• 5.1. The access to the Website/Application/Service shall be available to only those individuals who have attained the age of majority under Indian Majority Act, 1875 and are not expressly barred from contracting under Indian Contract Act, 1872.
• 5.2. Person who have not attained the age of majority as per Indian Majority Act, 1875 can access the Website/Application/Service only under the supervision of persons who hold parental authority over such person.
• 5.3. In the event You notice any minor accessing our Website/Application/Service without appropriate parental supervision, You are obligated hereby to notify Us of such access and We are entitled to undertake such action as We deem essential to protect the interest of such minor.



Access, Permission and Restriction

• 6.1. Upon fulfilling of above specified conditions and subject to the terms and conditions contained herein, We hereby grant You a limited, non-transferable, non-exclusive, limited license to use the Website/Application or avail the Services provided therein.
• 6.2. You hereby understand that such licensing right is subject to the conditions that:
• 6.2.1. You shall refrain from distributing in any medium any part of the Service or content without Our prior written authorisation;
• 6.2.2. You shall not alter or modify any part of the Website/Application/Service;
• 6.2.3. You shall not access or commercially exploit the Service unless such access or commercial exploitation is authorised by Us in writing;
• 6.2.4. You shall update the Software from which Service is being provided from time to time. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new Software module and completely new versions. You agree to receive such updates as a part of the Services;
• 6.2.5. You shall comply with all applicable laws, rules and regulations that may be applicable while utilising Services using / through Website / Application;
• 6.2.6. You agree to use the Website/Application/Service only for the purpose and to the extent permitted under the Terms;
• 6.2.7. You shall not hack, reverse engineer, replicate, or reproduce Services on the Website/Application;
• 6.2.8. You are obligated to utilise the Service provided on Website / Application only for reasonable and lawful purpose;
• 6.2.9. You shall be liable to defend, indemnify and hold Us, our Directors, employees, officers, agents and licensors harmless from any loss, liability, damage, action or claim including but not limited to reasonable attorney fees, incurred by Us due to any acts or omission directly or indirectly attributable to You;
• 6.2.10. You shall be responsible for any breach/non-compliance of the Terms by any person authorised by You to access Services on Your behalf;
• 6.2.11. You may be exposed to such content which is inaccurate, offensive, indecent or objectionable and You agree to waive, and hereby waive, any legal or equitable rights or remedies You have or may have against Us in this regard; and
• 6.2.12. You shall to not circumvent, disable or otherwise interfere with security related features of the Service, which security feature is essential to restrict or prevent use of the contents in any manner that is unauthorised.



Representation and Warranty

• 7.1. You represent and warrant that You have all the rights and authority to enter into and be bound, or bind a person on whose behalf You provide consent, by the terms and conditions contained in these Terms.
• 7.2. You agree and accept that We have attempted to place our best resources to keep all the information, test series and other Services updated with the changing requirement. However in view of the highly dynamic nature of the domain in which We provide the Services, You hereby accept that We may not always be able to provide the most updated version and thus cannot be held responsible or liable for default in updating the same.
• 7.3. You hereby agree and accept that We do not make any representation and warranty that the Service provided by Us shall be continuous, uninterrupted, error free or free from any viruses or shall serve the purposes intended by You.
• 7.4. All information provided by Us on Our Website/Application or as a part of Service shall be on AS IS basis and You are advised to consult an expert before placing any reliance on such information.
• 7.5. Notwithstanding anything contained herein, all the representation and warranties extended hereunder shall be excluded, except to the extent permitted by law.
• 7.6. You agree and accept that the Service provided by Us may be discontinued, interrupted or disrupted due to circumstances that are beyond Our control (“Force Majeure”) and in such event, We shall not be held responsible or liable for any such discontinuation, interruption or disruption or any loss desire due to such cases.
• 7.7. You represent and warrant that You have not, and shall not, enter into any agreement or arrangement that shall impose upon You an obligation to breach the terms and conditions contained in these Terms.



Advertisement and Third party content

• 8.1. The Website/Application may contain advertisement or links to any third party website, application, product and/or service that may or may not be owned or affiliated to Lsoft.
• 8.2. We assume no responsibility towards the content, privacy policy and practices of any such third party site or advertisement. Additionally, We cannot and shall not censor or edit the content of any third party site or advertisement.
• 8.3. We shall not be a party to any transaction or agreement entered into by You with any such advertiser or website and hence We cannot be held liable for any loss or damage caused to You while transacting with such third party site or advertisement.
• 8.4. We shall not, and cannot, be held responsible for loss, damage, injury and/or liability incurred by You as a result of You visiting or placing any reliance on the content matter directed to You by third party link or advertisement.
• 8.5. We, however, advise You to read the terms and condition and privacy policy of any such website You visit or alternatively consult an opinion prior to placing any reliance on the content matter of such website, link or advertisement.



Confidential Information

• 9.1. Under no circumstance shall any User make any unauthorised use or disclosure of any Confidential Information.
• 9.2. We may even collect certain personal and personally identifiable information from You. You hereby grant upon Us unequivocal consent to collect, store, use or disclose such information to Our service provider, partners, subsidiaries, affiliates, employees and representatives for the purpose of rendering Services.
• 9.3. No party shall be liable for unauthorised disclosure, if any of such Confidential Information:-
• 9.3.1. was already in public domain, prior to its disclosure hereunder;
• 9.3.2. was disclosed to public due to no fault of the Party and the same can be proven as such;
• 9.3.3. was disclosed in compliance with any legal, statutory, regulatory mandate and/or administrative, judicial or quasi-judicial order;
• 9.4. You hereby acknowledge that You may disclose certain information to payment gateways for making payment for Our Services. In this regard, You acknowledge that We shall not be liable for any loss, damage, injury or liability incurred by You as a result of collection, storage, processing or disclosure by such payment gateways of Your information.



Intellectual Property

• 10.1. All Intellectual Property Rights present on the Website/Application/Service shall solely be Our property regardless of whether the same has been applied for and You shall not be entitled to use the same without express consent of the Website.
• 10.2. By registering on the Website/Application or by creating Lsoft account, We hereby grant to You a limited, worldwide, non-exclusive right to use the Service as per the terms and conditions contained herein. You are entitled to use the Service only in the manner as is specified in these Terms.
• 10.3. We greatly appreciate all feedback and suggestions received from You. However, We request that You refrain from submitting any ideas or suggestion with regard to the Website/Application/Service. Such restriction is imposed to avoid any potential misunderstanding that may arise regarding ownership of such ideas or suggestions. In the event You continue to provide any idea or suggestion without due regard to the request contained herein, You hereby grant upon Us, a worldwide, non-exclusive, royalty free right to deal, use, apply, modify, sale or offer for sale any such idea or suggestion.



Indemnity and Liability

• 11.1. You hereby agree and accept to indemnify and keep us indemnified from any loss, damage, injury, action, claim or liability incurred by Us due to act or omission directly or indirectly attributable to You.
• 11.2. In no event shall the We, Our directors, employees, associates, partners, affiliates or subsidiaries be responsible for any actual or anticipated loss, profits, goodwill, revenues, income, or for any consequential, special, incidental, punitive, exemplary or other indirect losses or damages whether arising out of or related to this Terms or from use of the Website/Application and its Services including those in contract, tort (including negligence) regardless of whether such loss was foreseeable or even if We have been advised of the possibility of such damages or loss.
• 11.3. Additionally, We shall not be liable for any destruction, deletion, impairment, loss, modification or any other damage or loss caused while accessing our Website/Application or while utilising any Our Service.
• 11.4. You agree and accept that You are using the Services solely at Your own cost or risk and reiterate that We cannot be held responsible or liable in any manner for any loss, damage, claim, action or liability incurred by You as a result of accessing Our Website/ Application or utilising any Services provided there under.



Cancellation and refund

• 12.1. You are entitled to cancel the Service by placing a request for cancellation in a manner as is specified at the Website/Application. We shall cancel Your order within 24 hours of receipt of request for cancellation.
• 12.2. We may, at our discretion, refund such amount for Services not yet rendered, either wholly or by deducting such amount as we deem appropriate as cancellation charges.



Termination of account

• 13.1. You agree and accept that We are entitled to terminate Your account if:
• 13.1.1. We are of the opinion that Your actions or inactions are in breach of any terms and conditions contained in these Terms; or
• 13.1.2. We are of the opinion that continued provision of Services to You shall materially affect Our business interest; or
• 13.1.3. We are of the opinion that continued provision of Services to You attracts any legal, regulatory, judicial actions or sanctions against Us.
• 13.2. We may, at our discretion, furnish You a notice prior to termination of Your account either to show cause against such termination or to remedy Your actions or inactions.
• 13.3. Notwithstanding anything contained herein, You agree and accept that You shall not be entitled to any such notice as a matter of right and tendering of any such notice to You shall be our sole discretionary determination.
• 13.4. Upon termination of Your account We may discontinue Your access to Website / Application / Services provided by Us. We may, at Our sole discretion, require You to delete, modify or return all the Services rendered to You prior to such termination.



Amendment and Modification

• 14.1. We may, at our sole discretion, change, alter, modify or revise the terms and conditions contained in these Terms.
• 14.2. Although We may attempt to notify You, in whole or in part, of any changes, modification or alteration to these Terms, however, the responsibility to periodically review and update yourself of any such change, modification or alteration shall be solely upon You.
• 14.3. Your continued usage of Our Website/Application/Services subsequent to any such change, alteration, modification or revision shall be deemed as Your unequivocal consent to such changes, altered, modified or revised version of Terms.



Entirety

15.1. These Terms and other policies implemented by Us from time to time shall form an entire agreement and understanding between You and Us.

Severability

• 16.1. If any part of Terms is found unlawful or otherwise unenforceable by any Court of competent jurisdiction, such part shall be made severable and the rest of these Terms shall continue to be in full force and effect.
• 16.2. We may, at our discretion, modify or alter such unlawful and unenforceable conditions in Terms in such manner that shall eliminate such unlawfulness or unenforceability.



Waiver

• 17.1. Any leniency or time taken by the Us in initiating appropriate action against the You shall not be construed as a waiver of the Our right and shall not prevent the Us from taking appropriate action at a later stage.



Notices

• 18.1. All the requests, notices, suggestions and/or communications must be directed to Us must at such address as is specified in the Website/Application.



Governing Law and Jurisdiction

• 19.1. Any question of law of arising under this Terms shall be decided in accordance with the laws of Republic of India.
• 19.2. The Courts of Pune shall have exclusive jurisdiction over any and all claims arising out of these Terms.
• 19.3. Any claim, dispute or legal proceeding arising with regard to the Terms of this Agreement shall first be resolved through arbitration by an Arbitrator duly appointed in this behalf by the Us. The Arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996. The seat and venue for Arbitration shall be Pune. The Arbitration proceeding shall take place in English.