Terms of Service

General Terms

Welcome to the PingoLearn website (the “Site”). The Site is owned and operated by Pingolearn Education Private Limited (“PingoLearn,” “Company”, “we”, or “us”). We are making the Site and our mobile applications (“Apps”) (collectively, the “Service”) available to you subject to the following terms of service (the “Terms”). The Terms are a legal contract between you and PingoLearn regarding your use of the Service (you and others using the Service will be referred to as “Users”).

As long as you comply with these Terms, you have the right to download and install a copy of the Apps to your mobile device, and to access and use the Service, for your own personal use. By accessing and using the Service, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree to these Terms at any time, please do not use the Service.

 

License

PingoLearn grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app and website strictly in accordance with the terms of this Agreement.

 

These Terms of Service are a contract between you and PingoLearn, the provider of the PingoLearn website/app and the services accessible from the PingoLearn website/app (which are collectively referred to in these Terms of Service as the "PingoLearn Service").

 

You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the PingoLearn Service. In these Terms of Service, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

 

Restrictions

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the app or make the platform available to any third party.

  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the app.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of PingoLearn or its affiliates, partners, suppliers or the licensors of the app.

 

Your Account

  • Account Information: In order to use some features of the Service, you will have to create an account. When creating an account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. You agree that we may access, preserve and disclose your account information and Your Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that Your Content violates the rights of third parties; (d) to respond if you contact us; or (e) protect the rights, property or personal safety of the Company, Users and the public.

  • Password: When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computers and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you should immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your account.

  • Prohibitions: When creating an account, you may not: (a) provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person's permission; (b) use a username that is the name of another person with the intent to impersonate that person; (c) use a username that is subject to rights of another person without appropriate authorization; or (d) use a username that is offensive, vulgar or obscene or otherwise in bad taste. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to PingoLearn with respect to the app shall remain the sole and exclusive property of PingoLearn.

 

PingoLearn shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

 

Your Consent

We've updated our Terms of Service to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our app, registering an account, or making a purchase, you hereby consent to our

Terms of Service.

 

Links to Other Websites

These Terms of Service apply only to the Services. The Services may contain links to other websites not operated or controlled by PingoLearn. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms of Service are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

 

Cookies

We may log information using "Cookies" for the sole purpose of improving our Service. Cookies are small data files stored on your hard drive by a website. Cookies help us make our Service and your visit better. Note that if you reject cookies, you may not be able to use some features of the Service.

 

Changes To Our Terms of Service

You acknowledge and agree that PingoLearn may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at PingoLearn’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform PingoLearn when you stop using the Service. You acknowledge and agree that if PingoLearn disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which are contained in your account.

 

If we decide to change our Terms of Service, we will post those changes on this page, and/or update the Terms of Service modification date below.

 

Modifications to Our app

PingoLearn reserves the right to modify, suspend or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you.

 

Updates to Our app

PingoLearn may from time to time provide enhancements or improvements to the features/ functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the app. You agree that PingoLearn has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you.

 

You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms of Service of this Agreement.

 

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

 

You acknowledge and agree that PingoLearn shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. PingoLearn does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

 

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

 

Term and Termination

This Agreement shall remain in effect until terminated by you or PingoLearn. PingoLearn may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

 

This Agreement will terminate immediately, without prior notice from PingoLearn, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your device.

 

Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your device. Termination of this Agreement will not limit any of PingoLearn's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

 

In-App Purchases

If you purchase an auto-renewing periodic subscription through the Service, your PingoLearn account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your PingoLearn account and follow instructions to terminate or change your subscription, even if you have deleted your account. The basic version of the Service can be used completely free of charge. However, you have the option to subscribe to a Premium membership in order to get access to additional learning functionalities.

 

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will PingoLearn be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

 

PingoLearn Promotion Codes (each a “Promotional Code”) are made available by PingoLearn (either directly or through a partner) subject to the Terms and Conditions of Service (“Terms and Conditions”). Each Promotional Code is made available in connection with a form of an auto-renewing periodic subscription (as defined in the Terms of Service). Unless you cancel your subscription before the end of the Promotional Period, you will automatically become a recurring subscriber and your PingoLearn Plus subscription will continue to automatically renew for additional periods equal to the expiring subscription term, unless you cancel before the end of the relevant subscription term pursuant to PingoLearn’s terms of service.

 

You agree to pay all fees and applicable taxes incurred by you or anyone using a PingoLearn account registered to you. PingoLearn may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

Refund Policy

In the event that PingoLearn suspends or terminates your use of the Service or these Terms of Service or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.

 

Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

 

Indemnification

You agree to indemnify and hold PingoLearn and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

 

No Warranties

The app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PingoLearn, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, PingoLearn provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither PingoLearn nor any PingoLearn's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of PingoLearn are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

 

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of PingoLearn and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app.

 

To the maximum extent permitted by applicable law, in no event shall PingoLearn or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if PingoLearn or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

This Agreement, together with the Privacy Policy and any other legal notices published by PingoLearn on the Services, shall constitute the entire agreement between you and PingoLearn concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PingoLearn's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND PINGOLEARN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

 

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

 

Entire Agreement

The Agreement constitutes the entire agreement between you and PingoLearn regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and PingoLearn. You may be subject to additional terms of Service that apply when you use or purchase other PingoLearn's services, which PingoLearn will provide to you at the time of such use or purchase.

 

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

 

Intellectual Property

The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by PingoLearn, its licensors or other providers of such material and are protected by India and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of PingoLearn, unless and except as is expressly provided in these Terms of Service. Any unauthorized use of the material is prohibited.

 

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR PingoLearn's INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or another controversy between you and PingoLearn concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

 

Notice of Dispute

In the event of a dispute, you or PingoLearn must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: shubham@pingolearn.com. PingoLearn will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and PingoLearn will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or PingoLearn may commence arbitration.

 

Binding Arbitration

If you and PingoLearn don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Pune, Maharashtra shall have exclusive jurisdiction over any disputes arising between the Parties. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

 

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of PingoLearn without any compensation or credit to you whatsoever. PingoLearn and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

 

Promotions

PingoLearn may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

 

Additional terms of service may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

 

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

 

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of PingoLearn. PingoLearn will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. PingoLearn operates and controls the PingoLearn Service from its offices in India. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the PingoLearn Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the PingoLearn Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and PingoLearn concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

 

Disclaimer

PingoLearn is not responsible for any content, code or any other imprecision.

 

PingoLearn does not provide warranties or guarantees.

 

In no event shall PingoLearn be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. PingoLearn reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

 

The PingoLearn Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. PingoLearn is a distributor and not a publisher of the content supplied by third parties; as such, PingoLearn exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the PingoLearn Service. Without limiting the foregoing, PingoLearn specifically disclaims all warranties and representations in any content transmitted on or in connection with the PingoLearn Service or on sites that may appear as links on the PingoLearn Service, or in the products provided as a part of, or otherwise in connection with, the PingoLearn Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by PingoLearn or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, PingoLearn does not warrant that the PingoLearn Service will be uninterrupted, uncorrupted, timely, or error-free.

 

Contact Us

Don't hesitate to contact us if you have any questions. Our email: shubham@pingolearn.com

 

Last Updated: 2nd February 2022