UPDATED ON 20th August 20’
By Personal Data, we mean any information that can either itself identify you as an individual ("Personally Identifying Information ") or that can be connected to you indirectly by linking it to Personally Identifying Information.
COLLECTION OF INFORMATION
As a visitor, you can browse our Website to find out more about our Website. You are not required to provide us with any Personal Data as a visitor. When you visit the Site, we collect and store certain information in order to improve security, analyse trends and administer the Website with a view to assist us in improving customer experience. We use this information to evaluate traffic patterns on our Website so that we can make it more useful to our visitors.
We collect your Personal Data when you register with us when you express an interest in obtaining information about us or our products and services when you participate in activities on our Website or otherwise contact us.
We will only collect your Personal Data if we have a proper reason for doing so, e.g.: to comply with our legal and regulatory obligations; for the performance of our contract with you or to take steps at your request before entering into a contract; for our legitimate interests or those of a third party; or where you have given consent. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for example, to prevent payment fraud or confirm your identity
Our primary goal in collecting your Personal Data and other personal information is to provide you with a safe, efficient, smooth and customized experience. This allows us to provide courses, study material, tutorials that most likely meet your needs and to customize our Website to make your experience safer and easier. We also use your Personal Identifiable Information together with other Personally Non-Identifiable Information to help us better understand our users and to improve the content and functionality of our Website. The information we learn from you helps us personalize and continually improve your experience at our Website. We do not voluntarily make this information available to third parties, nor do we use it for any other purpose, except as set out herein.
When you visit our Website, as part of a purchase of one of our courses or registering on our Website, we may collect a variety of information that you will voluntarily provide to us via one of our contact forms, via a chat or phone session (Personal Identifying Information), such as:
- Contact Information, such as name, email address, display picture, mailing address, phone number, IP address, geographic location, or phone number
- Information to enable us to check and verify your identity, e.g. your date of birth, mark-sheets, Passport/Aadhar /Voter ID details;
- Billing Information, such as debit card number, credit card number and billing address;
- Unique Identifiers, such as username or password;
- Reviews or ratings, syllabus and course preferences, account settings, (including preferences set in the " Account " section of our Website); and
- Information provided to us through our service, interaction with our customer service, participation in surveys or marketing promotions.
We collect information about you and your use of our service, your interactions with us as well as information regarding your computer or other device used to access our service). This information includes your activity on our Website, such as classes, study materials, courses and search queries;
With the help of back end applications, we aim at providing better services and better interaction with teachers, depending on the beneficiary’s line of interest. We also may ask for this information at other times, such as when you enter contests or other promotions sponsored by us and/or our partners. If you use a feature that requires payment of fee options like NEFT or Card will appear. In case of payments via credit or debit card, we will redirect you to registered payment gateways such as Razorpay, ccavenue, payubiz and other such registered gateways. You may store and save your payment details like card numbers with the gateway. We do not have access to this data. All payment transactions are processed through secure payment gateway providers. We do not store any card information (other than the last 4 digits of your card) in our servers.
When you use one of our paid products, we track the web pages, and information that has been accessed by you, and store it on our servers. This enables us to track items that you have completed and those that you need to see.
The user full name and his/her display picture can be publicly displayed on the Website. Depending on what profile and what services they are seeking, Lakshya can ask for more information relating to address, billing information, certificates, past employment information etc.
Lakshya can use technologies such as cookies, clear gifs, log files, and flash cookies for several purposes, including to help understand how you interact with our site and services, in order to provide a better experience.
USAGE AND RETENTION OF INFORMATION
We use the personal information we collect, including your Personal Data where it is necessary to deliver the services you have requested, where it is necessary to exercise or comply with legal rights or obligations or for normal business purposes of the kind set out in this Policy.
We will use your personal information to provide, analyse, administer and improve our services, to provide you with a personalized experience on our Website (especially, by offering you services that are best suited for you), to contact you about your account and our services, to provide you customer service, to provide you with personalized marketing and to detect, prevent, mitigate and investigate fraudulent or illegal activities.
We further use your personal information to determine your general geographic location, provide localized courses and classes, provide you with customized and personalized study material, recommendations, determine your Internet service provider, and help us quickly and efficiently respond to inquiries and requests and enforcing our terms (such as determining free trial eligibility) and communicate with you concerning our service (for example by email, push notifications, text messaging, and online messaging channels), so that we can send you details about new features and content available on the Website, special offers, promotional announcements, surveys, and to assist you with operational requests such as password reset requests.
Lakshya is a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as Forums and Teams. Please be sensible and judge before posting in these community spaces or sharing your personal information with others on Lakshya. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages.
SHARING AND DISCLOSING PERSONAL INFORMATION
We use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist us with the provision of services to you. We engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize our service, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data (including data about users’ interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information.
We do not authorize them to use or disclose your personal information except in connection with providing their services.
We shall try to take all precautions to protect the personal information both online and offline. We will try to protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. We have standard SSL certification which basically helps us create a secure connection between our server and user to render any information or action. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres and information access authorization controls. Only user passwords are encrypted in 64-bit encryption and stored because generally, users use the same password on multiple sites, to prevent any kind of theft, piracy or unauthorised access. If you believe your account has been abused or hacked, please contact us by sending us an email at [email protected].
Under no circumstances, we rent, trade, transfer or share your personal information that we have collected with any other company for their marketing purposes without your consent. We reserve the right to communicate your personal information to any third party that makes a legally-compliant request for its disclosure.
Keeping your Personal Data secure
We have appropriate security measures to prevent your Personal Data from being accidentally lost or used or accessed unlawfully. Processing your Personal Data will be done only in an authorised manner and subject to a duty of confidentiality. We also have procedures–in place to deal with any suspected data security breach. We will notify you about any applicable regulator of a suspected data security breach where we are legally required to do so.
Notwithstanding anything contained anywhere in this Agreement; we cannot assure absolute security to your personal data and by entering into or by logging into our website, you explicitly agree not to sue us for any data breach.
We transfer cookies, which are small files containing a string of character, to your IP address, giving the browser distinct identification, in order to keep track of the user’s preferences. Furthermore, these files also help in logging-in faster and they act as a mechanism to determine user trends. The data thus retrieved from the user’s IP address, enables us to enhance our offers, including but not limited to more content in areas of greater interest to a majority of users.
THIRD PARTIES AND LINKS
We use third parties to help us provide services to You including the fulfilment of service, processing of payments, monitoring site activity, conducting surveys, maintaining our database, administering emails, and administering contents, and to provide aggregate, comparative information on the performance of our website to us and a select group.
It is open for you to customize our usage of your personal information to communicate with you, to send you marketing information, how we provide you with customized and relevant advertising, and whether you want to stay signed into your account.
If you do not wish to receive marketing communications from us, you can unsubscribe from the link in the email you would receive or change your Communication preferences or indicate your communication preferences. You can also reach us via chat, WhatsApp, call or email to block promotional communication to you. Keep in mind, we do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
OWNERSHIP OF RIGHTS
All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Lakshya is protected by copyright as a collective work under the applicable copyright laws. Lakshya owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Lakshya is permitted. If copying, redistribution or publication of copyrighted material is expressly permitted by Lakshya, then no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Website or a website otherwise owned or operated in conjunction with Lakshya shall not be deemed to be in the public domain but rather the exclusive property of Lakshya, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Lakshya unless otherwise stated.
Lakshya does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted Lakshya the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end-user to access, view, store or reproduce the material for that end user's personal use. You hereby grant Lakshya, the right to edit, copy, publish and distribute any material made available on the Website by you.
If you come across any abuse or violation of these Terms, please report to [email protected].
CONDITIONS OF USE
Licensee does not warrant that this website, its servers, or email sent by us or on our behalf are virus-free. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to compensatory, direct, indirect, incidental, punitive, special or consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties.
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
CONSENT TO THIS POLICY
By having a Lakshya account, you have explicitly given consent for us to capture images (followed by analysis), camera/mic permissions to make video calls and record the same.
LAKSHYA MAY DISCLOSE INFORMATION:
- as required by law, such as to comply with a subpoena, or similar legal process;
- when we believe in good faith (doctrine of uberrima fides) that the disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request;
- with our trusted service providers who work on our behalf and do not have an independent use of the information we disclose to them and have agreed to and adhered to the rules set forth in this Policy;
- to protect against imminent harm to the rights, property or safety of the Application/Website or our users or the public as required or permitted by law;
- with third party service providers in order to personalize the Application/Website/Services/products for a better user experience and to perform behavioural analysis;
Governing Law and Jurisdiction:
In the event of any dispute arising between the parties with respect to this Agreement, the same shall be referred to the Sole Arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceeding shall be English. The seat and place of arbitration shall be Ernakulam and the decision of the Arbitrator shall be final and binding on both parties herein.
This contract shall be subject to the exclusive jurisdiction of courts in Ernakulam, Kerala, India and shall be governed by the Indian laws.
Terms and Conditions For Online-Payments
The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Lakshya for making fee payments through an online payment gateway service (“Service”) offered jointly by ICICI Bank Ltd. and Payment Gateway Service provider, through Lakshya's website i.e. www.lakshyaclasses.com. Each User is therefore deemed to have read and accepted these Terms and Conditions.
Please be aware, however, that Lakshya will release specific personal information about the User if required to do so in the following circumstances:
- In order to comply with any valid legal process such as a search warrant, statute, or court order, or
- If any of User’s actions on Lakshya’s website violate the Terms of Service or any of Lakshya’s guidelines for specific services, or
- to protect or defend Lakshya’s legal rights or property, the Lakshya site, or Lakshya Users; or
- to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, the integrity of Lakshya’s website/offerings.
General Terms and Conditions For Online-Payments
- Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may register on Lakshya’s website in any manner as may be specified by Lakshya from time to time.
- Lakshya's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of Lakshya's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by Lakshya with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Lakshya.
- If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
- These Terms and Conditions constitute the entire agreement between the User and Lakshya. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Lakshya. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- The entries in the books of Lakshya and/or the Payment Service Providers kept in the ordinary course of business of Lakshya and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
- Refund For Charge Back Transaction: In the event, there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach Lakshya with his/ her claim details and claim a refund from Lakshya alone. Such refund (if any) shall be effected only by Lakshya via payment gateway or by means of a demand draft or such other means as Lakshya deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event, such claim is made it shall not be entertained.
In these Terms and Conditions, the term “Charge back” means approved and settled card (Debit or Credit) or netbanking purchase transactions which are at any time refused, debited or charged back to Merchant account (shall also include similar debits to Payment Gateway Service Provider’s accounts, if any) by the Acquiring Bank for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
- Refund for fraudulent/duplicate transaction(s): The User shall directly contact Lakshya for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Lakshya alone in line with their policies and rules.
- Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
(I) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact Lakshya via e-mail or any other mode of contact as provided by Lakshya to confirm payment.
(ii) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
Limitation of Liability
- Lakshya has made this Service available to the User as a matter of convenience. Lakshya expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Lakshya reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
- Lakshya and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Lakshya and/or the Payment Service Providers, its employees, directors, and its third-party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services
- Lakshya and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
(I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Payment Gateway or Services in connection thereto; and/ or
(ii) any interruption or errors in the operation of the Payment Gateway.
- The User shall indemnify and hold harmless the Payment Service Provider(s) and Lakshya and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
- The User agrees that Lakshya or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Lakshya’s reasonable control.
Miscellaneous Conditions :
- Any waiver of any rights available to Lakshya under these Terms and Conditions shall not mean that those rights are automatically waived.
- The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Lakshya or the Payment Service Provider(s) have no control over such matters.
- Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Lakshya does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
- Lakshya, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
- The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by Lakshya on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
- Choose a new password, whenever required for security reasons.
- Keep his/ her User ID & Password strictly confidential.
- Be responsible for any transactions made by User under such User ID and Password.
The User is hereby informed that Lakshya will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her Lakshya account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.
Debit/Credit Card, Bank Account Details
- The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
- The User may pay his/ her fees to Lakshya by using a debit/credit card or through online banking account. The User warrants agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card/bank details:
- The User is fully and lawfully entitled to use such credit/debit card, bank account for such transactions;
- The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- The User is authorizing debit of the nominated card/ bank account for the payment of fees selected by such User along with the applicable Fees.
The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
- The User agrees that, to the extent required or permitted by law, Lakshya and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security-related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
- The User agrees that any communication sent by the User via e-mail shall imply release of information therein/ therewith to Lakshya. The User agrees to be contacted via e-mail on such mails initiated by him/ her.
- The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.
Payment Gateway Disclaimer
The Service is provided in order to facilitate access to view and pay fees online. Lakshya or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.