TERMS AND CONDITIONS
The Website/Application Owner, including subsidiaries and affiliates (“Website/Application” or “Website/Application Owner” or “we” or “us” or “our”) provides the information contained on the website www.sportybeans.com or any of the pages comprising the website (“website”) or on the iOS/Android application to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the website/application.
Welcome to our website/application. If you continue to browse and use this website/application you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Luminosa Education Pvt. Ltd.’s (LEPL) relationship with you in relation to this website/application. If you do not agree to these Terms and Conditions and/or Privacy Policy, you must exit our website/application immediately.
The trade name ‘SportyBeans’ or company name ‘Luminosa Education Pvt. Ltd.’ or ‘us’ or ‘we’ refers to the owner of the website/application whose registered office is ___________ . The term ‘you’ refers to the user or viewer of our website/application.
The use of this website/application is subject to the following terms and conditions of use:
You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website/application. You also agree not to interfere with the servers or networks underlying or connected to this website/application or our services or to violate any of the procedures, policies or regulations of networks connected to this website/application.
All content and programming of the website/application is our property. Except as may be permitted by law, not withstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website/application is restricted to personal, non-commercial use only.
All content and programming of the website/application is our property. Except as may be permitted by law, not withstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website/application is restricted to personal, non-commercial use only.
You may not use the website/application for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
It is your responsibility to ensure your computer system, smart phone, tablet or other device meets all the necessary technical specifications to enable you to access and use the website/application and is compatible with the website/application.
We may, from time to time, restrict access to certain features, parts or content of the website/application, or the entire website/application, to users who have registered with us.
You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer/smart phone/tablet/other device. We will not be held liable for any loss or damage that may result from your failure to do so.
The information contained in this website/application is for general information purposes only. We endeavour to keep the information contained on the website/application (other than Registered User Information) up-to-date and correct, although there may be times when this is not the case and we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website/application or the information, products, services, or related graphics contained on the website/application for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We do not warrant that the functions provided by the website/application will be uninterrupted or error-free, or that www.sportybeans.com or the server that makes it available are free from viruses or other harmful components. Neither Luminosa Education Pvt. Ltd. nor any of its directors, employees, agents, licensors or merchants (collectively, its "associates") shall be liable for damages of any kind, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of, or inability to use the website/application, the internet or for any other claims related in any way to your relationship with LEPL.
All intellectual property rights in or relating to the website/application (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website/application.
From time to time this website/application may also include links to other websites/applications that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s)/application(s). We have no responsibility for the content, privacy policies or operation of such linked website(s)/application(s), or for anything provided (or not provided) by the third parties controlling such linked websites/applications.
If you create a link to the website/application and we want you to remove it, we reserve the right to ask you to do so.
In order to enrol your child into any program from the website/application, you must first register to set up an account with us by completing the registration form on the website/application.
In order to register an account you must be an individual and agree to comply with these Terms and Conditions and our Privacy Policy. If you are registering on behalf of an organisation or company you must have the authority to bind that company.
At the time of registration you need to provide: your full name; a valid and current email address; your residential address; your contact number; your child’s name and age; and other required details that may be a part of the registration form at any time.
You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
The price of merchandise is as quoted on the website from time to time. Prices stated do not include VAT or delivery charges and will be charged additionally over and above the quoted price as applicable.
The quoted price for programs, vacations camps and birthday parties/events is only a token booking amount for blocking your child’s seat or the date for an event and is not the full price payable for the program, camp or event. The actual full price for any program, vacation camp and event varies from centre to centre and city to city and is payable at the specific centre at the time of confirming registration into a program or finalising an event.
You agree not to hold us responsible for banking charges incurred due to payments on your account.
Upon registering, and making a payment, a transaction may be sent to your bank to authorise it and prevent fraud. This transaction will either be for a zero value, or for a payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a charge on your account balance.
We may refuse at our absolute discretion any application to register an account or receive our services for any reason whatsoever.
You are responsible for all activities that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
Although we aim to offer you the best service possible, we make no promise that our website/application services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us and we will correct the fault as soon as we reasonably can.
Your access to the website/application may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can.
We collect personal information about you through your use of this website/application and our services. All information that we collect about you is subject to our Privacy Policy.
Your use of our website/application is governed by these Terms and Conditions and construed and enforced in accordance with the laws applicable in the Union of India. Disputes arising from your use of this website/application and the services we provide are subject to the exclusive jurisdiction of the courts of Pune, Maharashtra, India.
You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
Registered User Accounts with www.sportybeans.com and/or the SportyBeans iOS/Android applications are not transferable and therefore cannot be sold or traded.
If we delay in exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
We will not be liable to you for any lack of performance, or the unavailability or failure, of this website/application or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Indian Contract Act 1872.
You agree to defend, indemnify and hold harmless Luminosa Education Pvt. Ltd., its employees, directors, officers, agents and their successors and assigns 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 Luminosa Education Pvt. Ltd. or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement 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 this User Agreement.
If any dispute arises between you and Luminosa Education Pvt. Ltd. during your use of the Website/Application or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Luminosa Education Pvt. Ltd. The place of arbitration shall be Pune, Maharashtra, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website/application will be the version that is current and displayed on the website/application as at each date you access the website/application. Your use of the website/application after changes are made means that you agree to be bound by such changes.
In addition to these Terms and Conditions our Privacy Policy also applies to your use of the website/application and is, where relevant, incorporated by reference into these Terms and Conditions.