Welcome to Helios Learntech! We hope that you have a great experience using our Platform.
These Terms and Conditions (“Terms and Conditions”) set out the terms and conditions for use of https://groomlms.com/ (the “Site”), the mobile application(s) (the “Application”) and any features, subdomains, content (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device (hereinafter collectively referred to as the “Platform”/ “Helios Learntech Platform”).
These Terms and Conditions apply to all users of the Platform, including without limitation, all persons who create and / or make available Content Provider Content ( as defined under the ‘Intellectual Property’ section below) on the Platform (referred to as “Content Providers”) and users who access the Platform to learn a subject or a skill (referred to as “Learners”) or users who access the Platform otherwise (collectively referred to as “you”, “your”, or “User(s)”). These Terms and Conditions along with the Privacy Policy, Refund Policy, Cookies Policy, Accessibility Statement, the User Guidelines and any other terms and conditions, rules, policies or guidelines included in these Terms and Conditions or Privacy Policy by reference and/or as updated on the Platform or otherwise communicated to you from time to time (including terms and conditions of other third party platforms that may be used or accessed for gaining access to the Platform or using the Services on the Platform (collectively referred to as the “Platform Term(s)”), defines the relationship between you and Helios Learntech, and they shall govern your use of the Platform and the Services (defined below) offered therein. Your access to the Platform is subject to your acceptance of the Platform Terms and such acceptance of the Platform Terms forms a legally binding agreement between you and Helios Learntech (“Agreement”). Hence, please take your time to read the Platform Terms in their entirety.
From time-to-time, updated versions of the Platform Terms may be made available as aforesaid for your reference. By visiting and accessing the Platform, providing your Personal Information (as defined in the Privacy Policy), using the Services offered or by otherwise signalling your agreement when the option is presented to you, you hereby expressly accept and agree to the Platform Terms. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Platform in any manner.
When we speak of “Helios Learntech”, “we”, “us”, and “our”, we collectively mean Helios Learntech Private Limited – a company incorporated in India and all of its affiliates which have license to host the Platform and offer Services. Kindly refer to the ‘ About Helios Learntech and the Platform ’ section of these Terms and Conditions to know which Helios Learntech entity your Agreement will be with.
All capitalized terms are defined/have the meaning assigned to it under these Terms and Conditions. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms and Conditions and/or the Platform Terms; if not here, then it will be provided in the relevant Platform Terms – when we refer to any such term in these Terms and Conditions, we will try and specify where in the Platform Terms you can find the meaning/definition.
In India, the Platform is owned, managed, operated and offered by Helios Learntech Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its registered office at O-144, The Shopping Mall, Arjun Marg, DLF Phase-1, Gurgaon – 122002 (“Helios Learntech India”). In any jurisdiction other than India, wherever Services are rendered through the Platform, the same is offered by Helios Learntech India and / or its affiliates (as relevant pursuant to appropriate intra group contractual arrangements). Helios Learntech offers GroomLMS, a fully customizable LMS platform that caters to enterprises by providing white-labeled solutions, gamified content, and multilingual support. Our solutions integrate seamlessly with client systems such as HRIS, ERP, and CRM, ensuring a tailored learning experience for employees, partners, and customers.
Helios Learntech offers GroomLMS, a comprehensive Learning Management System (LMS) and digital content distribution platform designed to deliver personalized e-learning experiences. Our platform supports clients across industries by enabling the creation, management, and delivery of learning content in various formats, including video, audio, text-based modules, and interactive assessments, with a focus on vernacular support and user engagement.
Helios Learntech acts as an intermediary facilitating interactions between Content Providers and Learners, in compliance with applicable laws such as the Information Technology Act, 2000, and relevant international standards. The platform offers subscription-based and customizable solutions to meet unique client needs, providing a secure and scalable learning environment.
In addition to core LMS functionalities, Helios Learntech provides a range of ancillary services, including but not limited to:
We specialize in delivering bespoke solutions for enterprises and institutions, offering white-labeled LMS platforms that can be seamlessly integrated with client systems, including APIs, HRIS, and ERP platforms. The GroomLMS platform is mobile-responsive and supports multi-language learning, ensuring accessibility across various devices and geographies.
In partnership with other Helios Learntech Group Platforms, we offer tailored solutions as well to our clients. For the purpose of these terms, the term “Platform Services” refers to all of the above services and any additional offerings made available by Helios Learntech through its GroomLMS platform or related channels.
User-Generated Content:
Helios Learntech assumes no responsibility for user-generated content on the platform. By using GroomLMS, you acknowledge that Helios Learntech serves solely as a technology enabler, not as the creator or editor of the content provided by third parties.
Service Modifications and Termination:
Helios Learntech reserves the right to modify, suspend, or discontinue any part of the platform services or restrict access to users if they fail to comply with the platform’s policies or requirements.
For the purpose of the Platform Terms, usage of the terms “Platform Services”/ “Services” shall mean and include all the services referred to in this section and such other products or services as may be offered by Helios Learntech.
You agree and acknowledge that Helios Learntech has no control over and assumes no responsibility for, the User-generated Content ( as defined under the ‘Intellectual Property’ section below) and by using the Platform, you expressly relieve Helios Learntech from any and all liability arising from the User-generated Content.
You agree and acknowledge that Helios Learntech shall have the right at any time to change or discontinue any Service, product, aspect, or feature of the Platform, including without limitation to, the User-generated Content (to the extent it is permitted to, or required, by virtue of being an ‘intermediary’), its availability and Supported/Compatible device required to access or use the Services. Helios Learntech reserves the right to terminate your Subscription and / or restrict your access to the Platform, if you choose not to provide / partially provide the requested information.
As a Learner, to access the Platform and use certain Services, you will be required to register and create an account on the Platform by providing the requested details.
To register on the Helios Learntech Platform you must meet the ‘Age Requirements’ specified hereinbelow. By using the Helios Learntech Platform, you, through your actions, affirm that the Age Requirements are met.
You can register on the Platform for free however, certain Services offered on the Platform may be chargeable. Please review the Service offerings on our Site or Application(s). You are not obligated to purchase any product or use any Service offered on the Platform.
Age Requirements to register and use on the Platform (“Age Requirements”):
A Learner who does not fulfill the Age Requirements mentioned above (as may be revised as per applicable laws from time to time) and is desirous of registering on the Platform i.e., if a Learner is a “Minor”/ “Child”, then the Learner may use the Platform with the consent of, and under the supervision of, their parent or legal guardian (“Parent”). Accordingly, in such a case, the Parent must agree to the Platform Terms at the time of their registration on the Platform. Please note that minors/children are not by themselves eligible to register on the Platform. When a Minor/Child uses the Platform, we assume that the Parent of such Minor/Child has enabled the Minor/Child’s usage of the Platform by agreeing to the Platform Terms and that such usage is under the supervision of their Parent.
Helios Learntech reserves the right to terminate your Subscription and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements and/or the consent to register and use the Platform is not obtained as above. You acknowledge that Helios Learntech does not have the responsibility to ensure that You conform to the aforesaid Age Requirements. It shall be Your sole responsibility to ensure that the required qualifications are met.
If you are a Content Provider, your access and use of the Platform may additionally be subject to separate agreement(s) with Helios Learntech and shall be collectively governed by the terms of such agreement, the Terms and Conditions, other Platform Terms, and such other terms as may be communicated or agreed with the Content Provider from time to time.
Further, the permission given by Helios Learntech to access and use the Platform under these Terms and Conditions is subject to the following conditions:
You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other Personal Information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete.
You represent that the information provided by you at the time of the registration are correct, true and accurate, and you agree to update the same as and when there is any change in the said information. Please read our Privacy Policy to understand how we handle your information.
Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be required to comply with any legal and regulatory provisions, and also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without providing any notice to you, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, the said identifiers or you have violated any provision of the Platform Terms.
Further, to access the Platform, create, publish and/or view the User-generated Content on the Platform, you will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which you are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform and/or avail the Services may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein.
For enterprise clients, pricing and payment terms may vary based on the scope of services, the number of users, and the duration of the engagement. Custom billing plans, including annual licensing and per-user pricing, can be discussed with our sales team.
For Learners, Helios Learntech does not charge any fee for registration and account creation. However, certain Services offered by Helios Learntech may be chargeable. Accordingly, access to certain Services and features is offered by Helios Learntech through a multi- tiered paid subscription plan(s) or purchases; the details of the Services and applicable features along with their corresponding prices can be found on our Site and/or Application (“Subscription”/ “Subscription Service”). You can purchase Subscriptions by following the instructions you encounter as you navigate through the Platform.
The terms that are applicable to Your purchase of Subscription(s) –
Please read the below terms applicable for the purchase of your Platform Subscription. The below terms are to be read with any other terms communicated to you at the time of purchase of your Subscription:
Third-Party Service Providers may also charge you fees to use or access their services and may require your Personal Information to complete any transaction for the Platform. Further, to facilitate completion of your payments to us through the Platform or avail the payment options provided to you, you may be redirected to an external website operated by the Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third-Party Service Provider or its respective websites or (ii) control collection or use of your Personal Information by such Third-Party Service Provider. Hence, prior to using any services offered by a Third-Party Service Provider, we suggest that you read their terms and conditions, privacy policy and other policies, that may apply, to understand their terms of usage and to understand how your Personal information is being processed. Helios Learntech is not affiliated to any Third-Party Service Provider and neither Helios Learntech nor any of the Third-Party Service Provider are agents or employees of the other.
Further, pursuant to the payment option you may choose, you may be required to enter into a separate agreement with the relevant Third-Party Service Provider. This agreement with the Third-Party Service Provider is an independent contract/agreement between you and such Third-Party Service Provider and Helios Learntech shall in no manner be a party to the same. Helios Learntech is only facilitating various payment options to you and is not offering the payment by itself in any manner.
When you cancel your Subscription, Helios Learntech may disable access to features made available to you upon your purchase of Subscription, while your account may continue to exist on the Platform.
Subject to the Platform Terms, Helios Learntech hereby grants you a non- exclusive, non-transferable, non-sublicensable, limited license to access and use the Helios Learntech Platform for your own personal, non-commercial and private use on an ‘as is’ basis in accordance with these Terms and Conditions and other Platform Terms.
Subject to payment of the Subscription fee, and your compliance (as a Learner) with all Platform Terms, Helios Learntech and the Content Providers grant you (as a Learner) a non- exclusive, non-transferable, non-sublicensable, limited license, during the applicable Subscription Period, to access and view the content you have subscribed to and attend live videos in association with your Subscription, for personal, non-commercial, private use only, in accordance with the Platform Terms. We may automatically remove your access to the content from your Compatible Device after the end of the Subscription Period or in accordance with any restriction mentioned in the Platform Terms.
If you are a Content Provider, Helios Learntech grants you a limited, non-exclusive, non- transferable, non-sublicensable license to access and use the Platform for Your own personal and commercial use in accordance with these Platform Terms and any other agreement(s) that may be executed between you (as a Content Provider) and Helios Learntech (as applicable). Except as expressly permitted by Helios Learntech under these Platform Terms or otherwise in writing to you, You will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).
Except as expressly permitted under any of the Platform Terms or otherwise in writing, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).
When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid phone number while creating any account with us or while enrolling or purchasing any Subscription Service. We may communicate with you by e- mail, SMS, phone call, WhatsApp or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize Helios Learntech, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls, WhatsApp or such other mode of communication with respect to your use of the Platform and regarding the products and services offered by Helios Learntech and its affiliates. These communications may be made by or on behalf of Helios Learntech, even if your phone number is registered on any state or federal do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may have levied certain charges on you vis-à-vis your communications with Helios Learntech as it constitutes availing their services, and you agree to be responsible for all such charges, and Helios Learntech will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email, WhatsApp or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by Helios Learntech and / or its affiliates either by following the relevant instructions that may be communicated via text, email or such other mode of communication in which you received a promotional communication or by disabling the options provided within your account on the Platform.
Please note that –
Further, in respect of interactions between Users – Helios Learntech is only an intermediary and does not monitor any of the interactions that take place between Users on the Platform, but Helios Learntech has clearly laid out the terms and guidelines a User must follow in their conduct on the Platform as part of the Platform Terms; and if Helios Learntech receives from any User a complaint of misconduct against you, in any form, or if Helios Learntech otherwise deems necessary, Helios Learntech reserves the right to suspend or terminate your access to any the Platform or any part thereof at any time, with or without giving any notice or reason.
You acknowledge that any User-generated Content (including without limitation any Content Provider Content, chats, postings, or materials posted by the Users) posted by you on part of the Platform, is neither endorsed nor controlled by us. You further understand and agree that you shall be solely responsible for any User-generated Content published by you on the Platform, including its legality, reliability, accuracy, and appropriateness, and shall be solely liable for the consequences of its publication. You represent and warrant that you own and control all rights in and to any User-generated Content uploaded by you on the Platform, or that you have the necessary licenses or permissions or are legally entitled to use and reproduce such User-generated Content on the Platform.
All our collection, processing, sharing and storing of any Personal Information collected from you shall be in accordance with our Privacy Policy. Kindly read the same to understand the security measured undertaken by Helios Learntech to safeguard your Personal Information. Should have any queries in respect of the same, please feel free to right to us at privacy@groomlms.com.
You also hereby grant each User of the Platform a limited, non-exclusive license to access your User-generated Content through the Platform.
You confirm and undertake not to utilize any data mining tools, robots, or similar data gathering and extraction tools to extract for re-utilization of any substantial parts of this Platform, without Helios Learntech’s express prior written consent.
If any User(s) submits suggestions, ideas, comments, or questions containing product feedback about the Platform or any of the Services, either through the Platform or otherwise (“Feedback”), then such User(s) grants Helios Learntech and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. Users shall have no intellectual property right in the Platform as a result of Helios Learntech’s incorporation of their Feedback in the Platform.
At Helios Learntech, we respect the intellectual property of others just as much ours and, hence, if you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement of your intellectual property (including your copyrights and trademarks), then kindly write to us at legal@GroomLMS.com with complete details as required under Takedown Policy. If Helios Learntech has knowledge of or has any reason to believe that any User-generated Content on the Platform violates the intellectual property rights of Helios Learntech or other Users, then we reserve the right to remove access to such content in accordance with takedown practices specified in Takedown Policy.
If Helios Learntech has knowledge of or has any reason to believe that any User-generated Content on the Platform violates the intellectual property rights of Helios Learntech or other Users, then we reserve the right to remove access to such content in accordance with takedown practices specified in Takedown Policy.
Helios Learntech does not monitor or have any control over or does not warrant, and makes no claim or representation regarding the accuracy, completeness, or usefulness of any User-generated Content provided on the Platform by its Users and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, such User-generated Content. Helios Learntech disclaims all liability and responsibility arising from any reliance placed on such materials by you. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Helios Learntech Content, are solely the responsibility of the User providing those materials.
In respect of the entire Platform, Helios Learntech reserves the following rights:
Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Helios Learntech will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.
As a Learner, you may delete your account at any time by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below or by using the delete option provided within your account on the Platform (if available). If your account is deleted (regardless of the reason), you will no longer has access to your account on the Platform and your User-generated Content may no longer be available; any deletion once processed is irrecoverable. Helios Learntech is not responsible for the loss of your information and/or User-generated Content upon deletion and Helios Learntech shall not be liable to any party in any way for the inability to access User-generated Content arising from any deletion. Please note that all accounts will remain active unless you explicitly ask us to delete it, and applicable Subscription payments shall continue to be deducted until cancelled by you or until your account is deleted on your request (as stated in the ‘Pricing and’ section above) or otherwise terminated in accordance with the Platform Terms
Please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform, however, we shall anonymize your Personal Information (as defined in the Privacy Policy) in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.
If you are a Content Provider, your access and use of the Platform may be subject to a separate agreement with Helios Learntech and shall be collectively governed by the terms of such agreement, the Terms and Conditions and other Platform Terms.
YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HELIOS LEARNTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, HELIOS LEARNTECH EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, USER-GENERATED CONTENT ON THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED CONTENT OR ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER- GENERATED CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AS HELIOS LEARNTECH IS STRICTLY AN INTERMEDIARY AS UNDER THE INFORMATION TECHNOLOGY ACT, 2000. HELIOS LEARNTECH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER- GENERATED CONTENT OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HELIOS LEARNTECH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER-GENERATED CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. HELIOS LEARNTECH INTEGRATES THIRD-PARTY SERVICES, INCLUDING PAYMENT GATEWAYS AND API CONNECTIONS, AS PART OF ITS PLATFORM SERVICES. WHILE WE ENSURE COMPLIANCE AND SECURITY, HELIOS LEARNTECH IS NOT RESPONSIBLE FOR DISRUPTIONS OR LIMITATIONS ARISING FROM THIRD-PARTY SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HELIOS LEARNTECH, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED CONTENT OR ANY OTHER CONTENT AVAILABLE AT HELIOS LEARNTECH, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR HELIOS LEARNTECH PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE HELIOS LEARNTECH PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR HELIOS LEARNTECH PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HELIOS LEARNTECH PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HELIOS LEARNTECH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, HELIOS LEARNTECH AND ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE HELIOS LEARNTECH PLATFORM AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT HELIOS LEARNTECH SHALL NOT BE LIABLE FOR USER- GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE HELIOS LEARNTECH PLATFORM IS CONTROLLED AND OFFERED BY HELIOS LEARNTECH AND / OR ITS AFFILIATES DEPENDING UPON YOUR JURISDICTION. HELIOS LEARNTECH MAKES NO REPRESENTATIONS THAT THE HELIOS LEARNTECH PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE HELIOS LEARNTECH PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Helios Learntech, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Helios Learntech Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User-generated Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Helios Learntech Platform.
You hereby expressly release Helios Learntech, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of Helios Learntech, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.
You represent and warrant that you are not, nor are you owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC” ), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a “Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a (“Prohibited Person“); (ii) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) you (and any person, group, or entity which you control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) you are not prohibited by any sanctions program as maintained by OFAC from transacting with Helios Learntech, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.
The applicable law and jurisdiction is dependent upon which entity forming part of the Helios Learntech group is offering you the Platform and the Services, which in turn is dependent upon the Subscription chosen by you. Illustratively, Services provisioned in respect of Subscriptions pertaining to India, Helios Learntech India shall be the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India. Similarly, Services in respect of Subscriptions pertaining to US shall be rendered by Helios Learntech Inc. and, accordingly, in such cases, the Agreement shall be governed by and construed in accordance with the laws of State of Delaware, U.S.A. and you agree, as we do, to submit to the exclusive jurisdiction of the courts at State of Delaware, U.S.A.
For queries relating to Services offered by Helios Learntech, please write to us at help@GroomLMS.com.
If you have concerns or queries regarding the Platform Terms, you may write to us by email at legal@heliosglobal.in or by post to:
Helios Learntech Pvt Ltd
O-144, The Shopping Mall,
Arjun Marg, DLF Phase – 1, Gurgaon – 122002