Terms and Conditions

ACCULEKHAA TECHNOLOGIES PVT LTD

Effective Date: FY 2024 - 2025

Welcome to the Learning Management System (LMS) and related services provided by ACCULEKHAA TECHNOLOGIES PVT LTD, located in Dilshuknagar, Telangana (the “Company”, “we”, “us”, “our”). We offer solutions including School/College/University ERP, Bulk SMS, WhatsApp, and related support and subscription services (collectively, the “Service”). By accessing or using the Service, you agree to comply with and be bound by these Terms and Conditions / Terms of Service (the “Terms”). If you do not agree, you must not use the Service.

1. Acceptance of Terms

By registering, accessing, or using the Service, you accept these Terms in full. We may update these Terms from time to time. Any changes become effective when posted, and continued use of the Service after changes are posted constitutes your acceptance of those changes. If a separate or supplemental terms notice appears for a specific feature or service component, those terms will control for that component.

2. User Eligibility

You must be at least 18 years old or have parental/guardian consent to use the LMS. By using the LMS, you represent and warrant that you meet these eligibility criteria.

3. User Responsibilities

• Provide accurate and up-to-date information during registration.
• Maintain the confidentiality of your login credentials and notify us immediately of unauthorized access.
• Use the Service in compliance with all applicable laws and regulations.
• You agree not to:
  • Share your account with others or transfer it without prior permission.
  • Engage in activities that disrupt the LMS's functionality or compromise its security.

4. Account Terms

• Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name (or legal entity name), a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for additional users as permitted by your plan.
• You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all content posted and activity that occurs under your account (including content posted by users you authorize).
• You may not use the Service for any illegal or unauthorized purpose and must not violate any laws in your jurisdiction, including copyright laws.

5. Trial, Subscription, Billing, Upgrades and Downgrades

• Where offered, trial eligibility and duration will be communicated at the time of signup. We may refuse or approve any trial extension request at our discretion.
• After the trial period ends, you may terminate the account or continue on a paid subscription. Once converted to a paid subscription, the trial period ends.
• The Service is typically billed in advance on a subscription basis (monthly/annually) as per your selected plan.
• Fees and billing cycles will be disclosed during signup or via invoice/quotation. Taxes, levies, or duties imposed by authorities are extra unless stated otherwise.
• For upgrades or downgrades in plan level, you will be billed at the new rate on your next billing cycle (unless otherwise agreed in writing).
• Downgrading may cause the loss of content, features, or capacity. The Company is not liable for such loss.

6. Refund Policy

In the event that a refund is considered (at the sole discretion of the Company), the following timeline applies:

• 25-Day Limit: No refunds will be processed or considered after 25 days from the date of payment or the date of the invoice for the applicable subscription/service period.
• Any requests made after this 25-day window will be automatically ineligible for a refund, regardless of whether the service was utilized.
• All approved refunds will be processed to the same source customer account within 5 working days.

7. Return Policy (Physical Products)

Returns are not applicable after 25 days from the date of product purchase.

8. Intellectual Property

All content, software, and materials provided by ACCULEKHAA TECHNOLOGIES PVT LTD are the intellectual property of the company or its licensors. You are granted a limited, non-exclusive license to use the LMS for educational purposes. Unauthorized copying, redistribution, or modification is prohibited.

9. Copyright and Content Ownership

• We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
• We do not pre-screen content, but we (and our designees) have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
• The look and feel of the Service, including design elements, are owned by the Company and protected by applicable intellectual property laws. You may not duplicate, copy, or reuse any portion of the HTML/CSS/visual design elements without express written permission.

10. Privacy

Use of the LMS is subject to our Privacy Policy, which governs the collection and use of personal data. By using the LMS, you consent to the practices outlined in our Privacy Policy.

11. Cancellation and Termination

• You are solely responsible for properly cancelling your account. Cancellation can be requested by email to [email protected] (or such other contact as we may provide).
• We reserve the right to suspend or terminate your access to the Service for violations of these Terms, misuse of the platform, or non-payment, including without prior notice in cases of severe breaches.
• If you cancel the Service, cancellation takes effect as per your plan terms and billing cycle. Unless otherwise agreed, fees already paid are not refundable (see “Refunds”).

12. Modifications to the Service and Prices

We reserve the right at any time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of Services are subject to change upon reasonable notice, which may be provided by posting updates on our website or by email/invoice communications. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

13. Shipping / Delivery Policy (Physical Products)

If you purchase any physical products from the Company, we aim to deliver products within 10 working days from the date of order confirmation/payment (as applicable), subject to serviceable locations, courier partner timelines, and force majeure events.

14. Limitation of Liability

ACCULEKHAA TECHNOLOGIES PVT LTD is not liable for any direct, indirect, incidental, special, consequential or exemplary damages arising from the use of (or inability to use) the Service. We do not guarantee uninterrupted, timely, secure, or error-free operation of the Service, or that any errors will be corrected.

15. Indemnification

You agree to indemnify and hold harmless ACCULEKHAA TECHNOLOGIES PVT LTD, its employees, and affiliates from any claims, damages, or expenses arising from your use of the LMS or violation of these terms.

16. General Conditions

• Technical support may be provided as per your subscription plan and may be available via email and/or phone.
• You understand that we may use third-party vendors and hosting partners to provide the infrastructure required to run the Service.
• You must not modify, adapt, or hack the Service, or modify another website so as to falsely imply that it is associated with the Company or the Service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
• You must not upload, post, host, or transmit unsolicited messages (“spam”), worms, viruses, or any code of a destructive nature.
• Abuse of any Company customer, employee, member, or officer (verbal, physical, written, including threats) may result in immediate termination.
• Technical processing and transmission of the Service may involve transmissions over various networks and changes to conform to technical requirements.

17. General Terms & Conditions for Online Payments

1. Once a user has accepted these Terms, the user may register and avail the Services.
2. “Chargeback” means any approved and settled card / netbanking purchase transaction(s) which are refused, debited or charged back to the merchant account by the acquiring bank or card network for any reason, together with bank fees, penalties and charges incidental thereto.
3. Server slow down / session timeout: If the website or the payment service provider page experiences issues (slowdown, failure, timeout), the user should check whether the bank account has been debited before attempting a second payment. If debited, do not pay twice and contact us to confirm status. If not debited, the user may initiate a fresh transaction. Under no circumstances will the payment gateway provider be responsible for duplicate/fraudulent transactions.
4. The Company and payment service provider(s) assume no liability for monetary or other damage due to delay, failure, interruption, or corruption of any data transmitted in connection with the payment gateway, or errors in operation of the payment gateway.
5. The user understands that personal data transmitted over the internet may be susceptible to misuse, hacking, theft, or fraud and that the Company or payment service provider(s) have no control over such matters.
6. The user is responsible for maintaining the confidentiality of their user ID and password and for transactions performed under those credentials.

18. Debit/Credit Card, Bank Account Details

1. The user agrees that card/bank details provided must be correct and accurate and that the user will not use a card/bank account not lawfully owned or authorized for use by the user.
2. By initiating a payment transaction, the user confirms they are entitled to use the payment instrument, the details are accurate, they authorize debit of the nominated instrument for the selected fees (including applicable fees/charges), and they have sufficient funds/credit.

19. Payment Gateway Disclaimer

The online payment facility is provided to facilitate access to view and pay fees online. We do not make representations as to the operation of the payment gateway beyond what is stated for this purpose. Use of the online payment service is at the user’s own risk and responsibility.

20. Cancellation Policy (Online Payments)

Once a user is registered and a payment is successfully processed through the online payment gateway, the transaction cannot be cancelled in any circumstances.

21. Payment Refund Policy for Online Payments

• Refund for chargeback transaction: In the event of a chargeback claim by the user, the user must approach the Company with claim details and request resolution from the Company. No claims should be raised directly with the payment service provider(s).
• Refund for fraudulent/duplicate transactions: The user must directly contact the Company for any fraudulent transaction(s) arising from misuse of card/bank details by any third party. Such issues will be addressed by the Company in line with applicable policies and processes.
• Refund time limit: No refunds will be provided after 25 days from the date of payment.

22. Governing Law

These terms and conditions are governed by the laws of India, and disputes will be subject to the jurisdiction of the courts in Telangana.

23. Contact Information

For any questions or concerns about these terms, please contact:

ACCULEKHAA TECHNOLOGIES PVT LTD
Dilshuknagar, Telangana
Email: [email protected]