Welcome to https://www.leapwaters.com (“Site” or “Leapwaters“). This Site is owned and operated by DigissonEdtechPrivate Limited (“Parent Company“). You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. You may also be using our satellite sites / subdomains (“Sub-Sites“), such as submissions.leapwaters.com, enroll.leapwaters.com, courses.leapwaters.com, or other individual sub-sites we have set up to serve individual customers or deliver distinct consumer experiences. These Terms of Use govern all the products offered on the Site and Sub-Sites.
You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party.
Leapwaters attempts to be as accurate as possible in the description of the product on the Site. The Site may contain typographical errors or inaccuracies and may not be complete or current, and Leapwaters reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability.
Pricing Information
Prices and availability of products and services provided on the site are subject to change without prior notice and at the sole discretion of Leapwaters. Leapwatersmay revise and cease to make available any product/ services at any time.
Mode Of Payment
Payments for the products available on the Site or on our Sub-Sites may be made in the following ways:
Visa/MasterCard/Maestro Cards, Net Banking, Wallets, UPI, Bharat QR , NEFT/RTGS . We reserve the right to add or delete any payment method or change our payment gateway .
The Chat Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:
Leapwaters may suspend the chat service at any time without notice.
Leapwaters or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
While ‘chatting’ you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
The chat room shall not be used by the end-user to sell any products, to give suggestion on business opportunity or any other form of solicitation.
You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content“), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information thatbelongs to another person and to which the user does not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Leapwaters shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Leapwaters does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Leapwaters. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Leapwaters be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Leapwaters for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You hereby acknowledge that Leapwaters has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Leapwaters has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at care@leapwaters.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, and your reason for deleting. We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 14 business days to process your deletion request.
The “Leapwaters” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks“) of Leapwaters. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Leapwaters or others, are the intellectual property of their respective owners, and Leapwaters shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of Leapwaters and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents“) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless Leapwaters explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Leapwaters, any of its affiliates or by third parties who have licensed their materials to Leapwaters and are protected by Indian copyright laws and international treaties.
Leapwaters grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates.
Leapwaters reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.
This Site is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. Leapwaters shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.
Leapwaters shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Leapwaters does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF LEAPWATERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of this Terms of Use.
References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Leapwaters endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Leapwaters and those third parties.
Leapwaters is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Leapwaters do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
These Terms of Use are effective unless and until terminated by either you or Leapwaters.
You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. Leapwaters may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.
Upon any termination of the Terms of Use by either you or Leapwaters, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.
You agree to defend, indemnify and hold harmless Leapwaters, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Leapwaters or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.
Governing Law And Jurisdiction
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts in Chandigarh shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Chandigarh.
Without any prejudice to particulars listed in Clause 10 above, Leapwaters shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
sending unsolicited email, including promotions and/or advertising of products or services; or
forging any header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Leapwaters is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Leapwaters on this Site and other than generally available third party web browsers (e.g., Google Chrome, Microsoft Explorer).
Entire Agreement
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Leapwaters with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
Leapwaters’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
General
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at care@leapwaters.com
