(Last Updated: September 12, 2023)

These Terms are legally binding, so please read them carefully as they outline your rights, obligations, and available remedies.

By accessing our services, you are entering into a legally binding contract between ‘The Learning Movement’, a project of GOPTA SUCCESS PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 (Hereinafter referred to as "Company", "We", “Our” or "Us”) and you (“Learner” or “You”) through this agreement and agree to follow these Terms including our Privacy Policy, Cookie Policy, Learning Coins Policy, Cancellation Policy and other policies implemented and published on the Platform from time to time or any amendments thereof (collectively referred to as the “Terms”).

Our services include the website https://www.thelearningmovement.com and its derivative pages, as well as Mobile Applications, Online Communities, Closed Groups, and Social Platforms like Facebook, LinkedIn, Instagram, YouTube, WhatsApp, Telegram, Twitter (X), etc. Collectively, these are referred to as the "Platform". The Company provides information, services, and materials through this Platform.

By either accepting these Terms in any manner or accessing the website, you are consenting, agreeing, and committing to adhere to these Terms. If you do not consent to these Terms of Use, you are not authorized to use our services. Any subsequent use without agreement shall be considered unauthorized use of Company services.

Who may use Our Platform

The Platform is intended to be used by individuals who are at least 18 years of age. Users who are minors, generally under the age of 18, must obtain the permission of their parent or legal guardian before using or accessing the Platform. By allowing a minor to access and use the Platform, parents or legal guardians confirm their understanding of these Terms and Conditions and agree to be bound by them.

By accessing and using the Platform, you confirm that you meet the eligibility criteria outlined above and that, if you are a minor, your parent or legal guardian has reviewed and agreed to these Terms and Conditions on your behalf.

User Accounts, User Registration, and Delivery of Services

The Company will provide access to online courses, subscriptions, and other services as described on the Platform. To access certain features or services on the Platform i.e. taking learning in different forms, either free or paid, you will be required to create a user account. You are responsible for maintaining the confidentiality of your account credentials and ensuring the security of your account. The content will be delivered to you in your personal dashboard and all the free & paid stuff will be available there.

During registration, you agree to provide accurate and complete information. You must promptly update your information if there are any changes except name, email address and registration ID, which can’t be changed.

After enrollment, you will receive access to courses and related content based on your subscription or purchase. Access to content may be subject to the terms and conditions applicable to each service.

The Company strives to provide uninterrupted access to services, but availability may be subject to maintenance or technical issues. The Company is not liable for any loss of service due to such issues.

Scope of Terms

The Company offers a variety of services and content through its Platform in the form of online courses, periodic subscriptions like monthly, quarterly and yearly subscriptions. The following services and activities fall within the scope of these Terms:

• Online Courses and Subscriptions: Users can access and enroll in a range of online courses offered by the Company. Depending on their preferences, users may choose between periodic subscription plans to access these courses.
• Content Access: Users can view course materials, videos, and resources made available through their subscribed courses during their active subscription period and after the expiry of the subscription period till the continuation of the Platform or the account of the learner, whichever is earlier.

The following activities and scenarios are explicitly excluded from the scope of these Terms:

• Third-Party Services: These terms do not govern or apply to any third-party websites, services, or products that might be linked or referenced from the Platform. Users are advised to review the separate terms and policies of such third-party platforms.
• Offline Transactions: These terms do not cover any transactions, purchases, or interactions that occur offline or outside the digital confines of the Platform.
• Promotions and Offers: Specific terms and conditions may apply to any promotional activities, discounts, contests, or offers presented by the Company through the Platform. Users are advised to review these terms before participating.
• Intellectual Property: The use, reproduction, or distribution of the Company's intellectual property, including trademarks, logos, and copyrighted materials, is excluded from the scope of these terms. Unauthorized use of such materials is strictly prohibited.

Restriction of Use

By accessing and using the Platform, you agree not to engage in any actions or activities that could adversely affect the Company's operations, reputation, or the experience of other users. Accordingly, you shall not:

• Unauthorized Access: Attempt to gain unauthorized access to any part of the website, its systems, or databases.
• Data Interference: Deliberately interfere with or disrupt the functioning of the website, its services, or any connected networks.
• Malicious Activities: Participate in hacking, the distribution of viruses, introduction of malware, or any other malicious activities that may harm the website or its users.
• Data Harvesting: Collect, scrape, or harvest information, data, or content from the website, its users, or databases without explicit permission.
• Impersonation: Falsely present yourself as another individual or entity, or falsely indicate your association with the Company or any other entity.
• False Information: Provide inaccurate, misleading, or false information during registration, purchase, or any interaction with the website.
• Illegal Content: Upload, post, or share content that is illegal, defamatory, infringing, obscene, harmful to others or violates Indian laws.
• Disruption of Services: Engage in activities that burden, congest, or negatively impact the website's servers, bandwidth, or infrastructure.

Social media policy

This Social Media Policy outlines the guidelines and restrictions pertaining to the sharing of content related to the Platform. The purpose of this policy is to ensure that all users engaging in social media activities maintain a respectful and compliant online presence while representing the Company. By using the Platform and participating in its referral bonus program, you agree to adhere to the following guidelines:

Content Sharing that is Permissible:

• Promotional Content: Users are encouraged to share their positive experiences with the Platform, such as insights gained from courses, satisfaction with subscriptions, and successful referrals.
• Testimonials: You are welcome to share genuine testimonials about your experiences with the Platform, provided they accurately represent your personal experiences.
• Educational Insights: Sharing insights, tips, and lessons learned from the courses you've taken is acceptable, as long as they do not infringe upon copyrighted or proprietary content.

Content Sharing that is Restricted:

• Confidential Information: Users are strictly prohibited from sharing confidential or proprietary information about the Platform, including but not limited to non-public features, developments, and strategies.
• Misleading Information: Sharing false or misleading information about the Platform, its services, or offerings is strictly prohibited.
• Defamatory Content: Users must not share content that could harm the reputation of the Company, its employees, or other users. Defamatory, offensive, or derogatory content is strictly prohibited.
• Intellectual Property Infringement: Sharing copyrighted, trademarked, or otherwise protected materials without the necessary permissions is not allowed.
• Unverified Claims: Users must refrain from making unsupported claims about the benefits, outcomes, or efficacy of the Platform's courses or services.

No Permitted Company Representation:

• Personal Accounts: When sharing content related to the Platform, users should make it clear that they are expressing their personal opinions and not representing the official views of the Company.
• Unauthorized Representation: Users are not authorized to speak on behalf of the Company or make commitments or promises on behalf of the Company without explicit authorization.

Consequences of Non-Compliance:

Non-compliance with this Social Media Policy may result in disciplinary actions, including account suspension, termination of access to the Platform, and legal remedies.

Information sharing with third party

The Platform may include links to websites, applications, or services operated by third parties ("Third-Party Sites"). These Third-Party Sites are independent from the Platform and have their own terms of use, privacy policies, and practices. It is your responsibility to carefully review the terms and conditions, privacy policies, and practices of Third-Party Sites before engaging with them. The Company does not exert control over the content, services, or practices of Third-Party Sites. We are not responsible for any aspect of these sites, including their content, collection of information, or overall user experience.

Intellectual Property

For the purpose of these Terms, "Content" encompasses all forms of information and data, including but not limited to text, software, scripts, graphics, images, photos, videos, logos, advertisements, interactive features, and other materials.

The Platform, courses, and related services are the property of the Company and its licensors. All Content or materials available on the Platform or through the courses, including but not limited to online/live lectures, videos, quizzes, assignments, code, images, text, layouts, and other materials are protected by copyright, patent, and other proprietary intellectual property rights under Indian and foreign laws.

Platform logos, trademarks, and service marks featured on the Platform and Programs are the exclusive property of the Company and are protected under Indian and foreign laws. Other trademarks, service marks, and logos displayed on the Platform belong to their respective owners.

Elements of the Platform, including its layout and design, are safeguarded by trade dress and other intellectual property laws and may not be copied, reproduced, or distributed without the Company’s express written consent.

Using our Services does not confer upon you any ownership or intellectual property rights in our Services or the content you access. The Company retains all proprietary rights, including copyrights, trademarks, and other intellectual property rights, to the Platform and its content.

By using our services, you (a) agree not to reproduce, duplicate, sell, resell, or exploit any Content or any portion thereof for commercial purposes, except as expressly allowed under these Terms and (b) are prohibited from using Marks or the trademarks, service marks, or materials of the Platform for any unauthorized or unsolicited communications. Any infringement is liable for prosecution under the applicable & prevalent Laws of India.

Third-Party Intellectual Property

The Company respects third-party intellectual property rights, including copyrights and trademarks. We recognize that intellectual property is the result of dedication, effort, and innovation. We are committed to upholding the legal protections afforded to such intellectual property.

If you believe your intellectual property has been misrepresented or infringed, you may file a takedown notice. Provide information like an electronic or physical signature, a description of the infringed material, its location on the Platform, your contact details, and a statement affirming the accuracy of your notice at info@thelearningmovement.com .

Rights of access for a Learner

Subject to the provisions of these Terms and our Policies, the Company grants you a limited, personal, non-transferable, non-sharable, and revocable right to access and use our Services. The rights granted hereunder are solely for your personal, non-commercial use, unless otherwise expressly permitted in writing by the Company. Any use for commercial purposes, such as resale or distribution of our Services, requires explicit written permission from the Company.

You agree to create, access, and/or use only one user account, unless expressly permitted by the Company. Sharing access to your account or your account access information with any third party is strictly prohibited.

Changes to course content

We may offer courses and content on the Platform from various trainers, educators and subject matter experts. The Company may make changes to courses to enhance the learning experience, reflect industry updates, or respond to user feedback. By accessing and using the Platform, you acknowledge and agree that the Company reserves the right to cancel, interrupt, reschedule, or modify the content of any course on the Platform and to change the point value, weight, or format of assignments, quizzes, exams, or other assessments within a course.

Disclaimer in relation to Courses

We are NOT a university, and are not affiliated with the University Grants Commission. We do not grant academic credit for the completion of Courses. The Company, instructors, and trainers have no obligation to have the courses recognized by any educational institution or accreditation organization.

Indemnification

By using the Platform, you agree to indemnify and hold harmless the Company, its officers, directors, suppliers, partners, and agents from any claims, losses, damages, expenses, and liabilities (to the extent attributable to you under the applicable law) including reasonable attorneys' fees and costs, arising from or made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Award of certificate

Upon successful completion of any course, the Company will issue a Participation Certificate to the learner. The certificate may include the learner's name, the course title, the completion date, and any relevant industry or subject matter details. Certificates may be provided in printable digital format, suitable for sharing on social media and professional platforms. Certificates awarded by the Company are intended to acknowledge successful completion of a course but may not substitute for formal academic degrees. The Company does not guarantee that all users will receive certificates, as the certificate will be auto-generated at the ‘completion’ stage of any online course or workshop. This means that only those users who have successfully completed the workshop according to the company's criteria or requirements will receive auto-generated digital certificates.

Offline Workshops or sessions

For users participating in offline courses, sessions or workshops provided by the Company, please note that if you fail to appear at the specified time or date for the offline session or workshop, you may be unable to participate in the course or workshop. In such instances, the Company shall not refund your fees, as the opportunity to fill your seat with another participant at that point is limited. Therefore, we advise participants to commit to attending offline sessions or workshops as scheduled to make the most of their learning experience. Transferring the entry ticket (registration) is not permitted in any circumstances.

Limitation of Liability

The Company, its group companies, suppliers, partners, and agents will not be held liable for any indirect, incidental, punitive, or consequential damages, including but not limited to loss of data, revenue, profits, business opportunities, or personal injury or death resulting from the use of our platform and Services. This applies whether the claim arises in contract, warranty, tort, product liability, or other legal grounds.

You acknowledge that the limitations of liability and disclaimers set forth in this clause represent a fair allocation of risk between you and the Company, and these limitations are essential for the Company to offer the Services economically.

Termination of Service by Company

The Company reserves the right, at its sole discretion, to deactivate your account or terminate your use of the Platform or enrollment in a Course, with or without reason. Grounds for deactivation or termination include, but are not limited to: (a) Breach of the Terms; Infringement of third-party intellectual property rights; (b) Posting, uploading, or transmitting unauthorized Content on the Platform; and (c) Violation of the letter or spirit of these Terms or any other applicable code of conduct.

You acknowledge that the Company may deactivate your account or terminate your access to the Platforms or Programs without prior notice. The Company shall not be liable to you or any third party for any termination of your account or enrollment into a Course.

You acknowledge that the Company may retain and store your information on its systems, even after the termination of your account or enrollment into Courses.

Termination of your account or access to the Platforms or Programs may result in the loss of access to content, features, and services associated with the Platform. The Company may remove your access to learning materials, resources, and other content upon termination.

Rights of users

You have the right to withdraw your consent for the collection, use, and processing of your personal data at any time. You acknowledge that withdrawing consent may limit your access to certain features or services on the Platform.

You have the right to request the deactivation or cancellation of your account on the Platform. The Company will comply with such requests as per the applicable laws and processes.

Payments

Payment for courses, subscriptions, and other services offered on the Platform must be made as per the specified pricing and payment details. You agree to provide accurate and complete payment information. Any inaccuracies may result in transaction issues.

You acknowledge and agree to pay all charges and fees associated with your use of the Platform, including courses, subscriptions, and additional services. Charges may include applicable taxes and fees, which will be clearly communicated during the payment process.

In case of any payment disputes, users are required to contact the Company's support team through the provided channels for resolution. The Company will address payment disputes in accordance with its policies and applicable regulations.

The course or workshop fees are not refundable once admission is confirmed. In deserving cases we can give some credits that can be used within our portal at our discretion.

No Assignment

You may not assign or transfer any of your rights or obligations under these terms to any third party without the prior written consent of the Company. Any attempted assignment or transfer without such consent shall be void and of no effect.

Territorial applicability

The Platform is exclusively designed and intended for use within the territory of India. The terms and conditions, policies, and any interactions related to the Platform are governed by the laws and regulations of India.

Jurisdiction and Governing Law

These Terms shall be governed by, construed and enforced in accordance with the laws in India. You agree that any legal lawsuit or other action brought by the Company, you or any third party to enforce these Terms or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the Courts of Gautam Buddha Nagar, Uttar Pradesh in exclusion of all other Courts. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these terms if such failure or delay is due to a force majeure event. A "force majeure event" refers to any unforeseeable event or circumstance beyond the reasonable control of the Company, including but not limited to acts of God, natural disasters, war, terrorism, government actions, strikes, labor disputes, epidemic and other events beyond reasonable control.

In the event of a force majeure event, the Company shall notify the learner of the occurrence of such an event and its impact on the Company's ability to perform its obligations under these terms.

Amendments

We reserve the right, at our sole discretion, to modify or replace these ‘Terms’ at any time. Amendments may be made to reflect changes in laws, regulations, industry practices, or to improve the user experience or to give effect to the company’s updated policies & decisions. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted. If you do not agree to these Terms, in whole or in part, you may not avail the services provided by the Website.

Arbitration and class action waiver

Any dispute, claim, or controversy arising out of or relating to these terms or your use of the Platform shall be settled through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by the Company.

You waive your right to participate in any class action lawsuit, class-wide arbitration, or collective action related to disputes arising from these terms or your use of the Platform. All disputes shall be heard solely on an individual basis and not on a class basis.

The arbitration proceedings shall take place in Gautam Buddha Nagar, Uttar Pradesh, India. The arbitration award shall be final and binding on both parties and enforceable in any court of competent jurisdiction.

Severability

If any provision of these Terms is deemed invalid, unlawful, or unenforceable by a Court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid, unlawful, or unenforceable provision shall be severed from these terms, and the court shall endeavor to give effect to the parties' intentions as reflected in the provision to the fullest extent permitted by law.

Details of Grievance Officer

For grievances, contact our Grievance Officer, namely, Taru Agarwal, Director (Legal), by emailing at info@thelearningmovement.com .