Terms of Use

3. Instructor Fees and Refunds
User Fees
Lenergy may charge user fees to access online courses created by Lenergy Mobility along with features and functionalities of the Sites and the Services set to certification fees structure, described on our courses page (https://lenergymobility.com/courses). Users(“Students”) are charged course enrollment fees for access to respective course(s), and depending on how a user chooses to process payment. Each User shall pay all fees and charges incurred through its respective account and billed to the User at the rates in effect for the pay period in which such fees and charges are incurred, and such User is solely responsible for payment. 

All paid courses and trainings are set to automatically charge at the beginning of enrolled course full access for certification, unless you submit a cancellation request to us in writing via email admin@lenergymobility.com or through our help form on contact us page lenergymobility.com/contacts. If a User provides credit or debit card information to pay for the fees, that User represents and warrants that it is authorized to supply such information and authorizes Lenergy to charge that payment method on a regular basis to pay the fees as they come due. Each User shall pay all applicable taxes relating to its use of the Services and other products or services through its accounts. A User will not be allowed access to any portion of the Sites, the Services, or its content for which a prepaid fee is required unless and until Lenergy receives all fees and charges payable by that User. 

If a User’s payment method fails or its account is past due, then Lenergy may collect fees owed using other collection mechanisms, which may include charging other payment methods on file with Lenergy Mobility India and/or retaining collection agencies or legal counsel.

User Refunds
30 Day Refund Policy for online certification course
Users on Pre-paid course plans are entitled to a full no-questions-asked refund upon terminating their plan within 30 days of first upgrading to a paid or within 30 days of the expiration of the refund policy plan. Refund requests made more than 30 days from the date a user initially upgraded to a paid plan or more than 30 days after the expiration of a certification program(from date of start of course) will not be granted. Additionally, eligible candidates will only be gravare entitled to a full refund within 30 days of their initial class enrollment, payment, and refund request.nted refund as per the guidelines, where the user should have completed 30% or less online course from start to end of their respective learning curriculum. If the user has completed 30% or more of the online course(s), the refund policy act will not come into place and the user will not be refunded any enrollment fees.

Abuse of the Refund Policy
Lenergy reserves the right to refuse refunds to users who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple courses or requesting refunds in consecutive months after enrollment, no submission of reasonable queries for refund, applying for refunds after completion of course or certificate generation. Any course activation refunds released are deducted with an 8.6% processing fees and remaining fees is refunded back to user’s account within 30 days period from the date of approval of refund. This section of the refund policy is maintained for helping users and reserving the rights of all Lenergy Mobility users using our Services to improve their skill sets and earning opportunities & pathways. 

4. Cancellation and Deletion
Cancellation
If you cancel a paid course plan, the cancellation will become effective therin, if applicable for refunds as per the 30 day refund policy. When you cancel a course access, your account will revert to a Free account and Lenergy may disable access to features available only to paid users.

Deletion
You may delete your account at any time. Accounts on the Free plan may be deleted from the Site if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Accounts on paid courses plans will remain active unless you explicitly ask us to delete it when you cancel your plan. Upon termination, all licenses granted by Lenergy will terminate. In the event of account deletion for any reason, your course content may no longer be available. Lenergy is not responsible for the loss of such content.

5. Content, Licenses & Permissions
Content
The content on the site(s), including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Content.” Content uploaded, transmitted, or posted by Users, is referred to herein as “User Content.”

User Content is and remains that User’s property, and Lenergy’s only right to that User Content is the extended licenses granted in these Terms of Use. The Sites, and all Content including Copyright content in online programs and classroom training and all software available on the Sites or used to create and operate the Sites, is and remains the property of Lenergy, and is protected under the Copyright Act of 1957, as amended, and other intellectual property laws in India and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved. All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of Lenergy Mobility India. You must not use such marks without the prior written permission from a Lenergy Admin manager. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Lenergy.

Your User Content is your responsibility. Lenergy does not control or monitor User Content and, as such, does not guarantee in any manner the content, reliability, validity, accuracy, or truthfulness of such User Content  By using the Services, you may be exposed to User Content that you consider offensive, indecent, or objectionable. Although we have no obligation to do so, we have the absolute discretion to remove, screen, or edit without notice any User Content posted or stored on the Sites, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Sites.

Lenergy’s Limited License for Use of the Services

Lenergy grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes after becoming a paid user or subscriber, via online or offline modes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Lenergy Mobility in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Lenergy are reserved.

Your User Content to Lenergy
Lenergy extent necessary to operate the Sites and provide the Services, now and in the future. For example when a user communicates with one of our Instructor on a discussion forum, Lenergy needs a license from those Users to display their respective Content on the Sites, as well as the right to sublicense that User Content to our other Users so that they can view that User Content. Therefore, by posting or distributing Content to or through the Sites, each User grants to Lenergy, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, worldwide license and right to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such User Content that you upload, transmit, or post on the Sites or through the Services, in the manner in and for the purposes for which the Sites from time to time uses such User Content. In doing so, the User represents and warrants that it owns and controls all of the rights to the User Content that it posts or otherwise distributes, and has the lawful right to post and distribute that User Content, to or through the Sites, and the use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any other person or entity.

If your User Content is intended for the use by other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Sites, as described in the section titled Lenergy’s License of Content to Users.

Lenergy’s Limited License of Content to Users
Lenergy grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Sites and to view, copy, and print portions of the Content available to Users on the Sites for non-commercial use online, for free user basis. For paid users, this includes access and use of the Courses and content provided therein, for which they have paid all required fees. Such license is subject to these Terms of Use, and specifically conditioned upon the following:

• Users may only view, copy, and print such portions of the Content for their own personal use;
• Users may not modify or otherwise make derivative works of the Sites or Content, or reproduce, distribute, or display the Sites or any Content (except for page caching) except as expressly permitted in these Terms of Use;
• Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
• Users may not use any data mining, robots, or similar data gathering or extraction methods; and
• Users may not use the Sites or Content other than for their intended purposes.

Except as expressly permitted above, any use of any portion of Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted herein, these Terms of Use, and your access to the Sites. Any such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. 

Lenergy may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.

Users represent and warrant that their use of the Sites and the Content will remain consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact Lenergy admin managers here: admin@lenergymobility.com.

6. Use of Interactive Areas and the Sites
The Sites may contain discussion forums, bulletin boards, review services, or other forums in which Users or third parties may post content, messages, materials, reviews, or other items on the Sites (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You represent and warrant that any content you submit to any Interactive Areas complies with these Terms of Use and that you own or control all rights in and to that content. Any content submitted to any public area of the Sites is non-confidential and non-proprietary. By using any Interactive Areas, you agree that the content must comply with all applicable legal, state, local and international laws and regulations, and agree not to post any content containing material which is defamatory, discriminatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. You also expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

• Any message, data, information, text, music, sound, photos, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
• Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable federal, state, or local law;
• Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party;
• Content that impersonates any person or entity or otherwise associates, infers, or misrepresents the User’s affiliation with a person or entity;
• Any tool or service that imports content from any platform that prohibits such services from accessing its platform for this purpose.
• Unsolicited promotions, political campaigning, advertising, or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use and disclosure;
• Viruses, corrupted data, or other harmful, disruptive, or destructive files;
• Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted, in Lenergy’s sole determination; and
• Content that, in Lenergy’s sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Lenergy or its affiliates or Users to any harm or liability of any kind.

Finally, Lenergy Mobility India has a zero-tolerance policy towards unsolicited email or messages, commonly referred to as “spam.” Users may not use the Interactive Areas or the Sites generally to send commercial or other messages to any third-party, within or outside of the Sites, if those messages are not solicited, authorized, or welcomed by the third-party, and in using the Sites, Users must comply with all applicable laws, including laws that apply in any jurisdiction, to spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

Any use of the Interactive Areas or other portions of the Site(s) in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. If you believe that your own User Content violates any law or regulation, is inaccurate, or poses any risk whatsoever to any third party, it is your responsibility to take any corrective steps you deem necessary. If you believe that any third party’s Content or any Lenergy’s Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to Lenergy in accordance with the procedures that we maintain under our intellectual property policies as set forth in the section titled Intellectual Property.

7. Intellectual Property
The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Lenergy, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Users may not engage in any activity on or through the Sites, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights. We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”) and trademark law, and we retain the right to remove Content from the Sites that Lenergy believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent. Be advised that misrepresentations of infringement could result in liability for monetary damages and that Lenergy reserves the right to seek damages and indemnification from any party that submits a Notice of Claimed Infringement or Counter Notification in violation of the law. Consult an attorney before taking any action pursuant to the enforce trademark or other intellectual property rights.

Any Notice of Claimed Infringement and request for removal, and all Counter Notifications thereto, the requirements for which are listed below, should be sent to Lenergy’s designated admin manager by electronic mail at:

Lenergy Mobility India
Email: admin@lenergymobility.com
Please only use the above address for submitting the notices set forth in this Intellectual Property section. Any other correspondence about Lenergy, the operation of the Sites, or any other matter should be sent to admin@lenergymobility.com.

Notice of Claimed Infringement
If you believe in good faith that any Content has been used in a manner that infringes a copyright that you own or control, you may send a timely Notice of Claimed Infringement containing the following information:

• A physical or electronic signature of the copyright owner, or person authorized to act on its behalf;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Sites, the easiest way being by providing us with the URL(s) leading directly to the allegedly infringing Content;
• Your mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement made under penalty of perjury, that the information contained in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For claims of trademark infringement, send a notice to Lenergy’s designated admin manager containing the preceding information as applicable to your trademark or service mark, 

8. Registration
To use certain Services on lenergymobility.com, including providing or accessing training courses and scheduling classroom training, you will need to register and obtain a password-protected account. You agree to provide accurate and complete information when registering and at all times thereafter. You are solely responsible for maintaining the confidentiality of your account, username, and password, and for all activities associated therewith. Please contact us at admin@lenergymobility.com if you suspect your account was compromised or used without your permission, and promptly take steps to secure your account. After registering for an online Lenergy account, users may save their payment card details to their account in order to be able to enroll in and pay for one or more online/offline training courses through single sign in.

To the extent permissible under applicable law,Lenergye will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use or misuse of your account, either with or without your knowledge. In cases where you have authorized or registered another individual, including minor children under the age of 18, to use your account, you are fully responsible for the online conduct of such person, controlling that person’s access to and use of the Sites and Services, and the consequences of any misuse by that person.

9. Errors and Corrections
Lenergy does not represent or warrant that the Sites or any services offered through the Sites will be error-free or otherwise reliable, free of viruses, or other harmful components, or that defects will be corrected or that they will always be accessible. Lenergy may make improvements and/or changes to the Sites and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Please contact us at admin@lenergymobility.com directly to report errors in your respective Course content.

We reserve the right to amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to Users.

DISCLAIMER
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.

THE SITES, SERVICES, COURSES, AND CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. LENERGY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LENERGY HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE SITES COMPLIES WITH THESE TERMS OF USE OR IS SUITABLE FOR ALL USERS. LENERGY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, AND/OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITES, SERVICES, OR COURSES INCLUDING, BUT NOT LIMITED TO, TECHNICAL FUNCTIONALITY OR INACCURACIES; (B) THIRD PARTY COMMUNICATIONS; (C) ANY THIRD PARTY CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THE SITES, SERVICES, COURSES, OR ANY PORTION THEREOF; (E) YOUR USE OF THE SITES; AND (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, LENERGY, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITES, THE SERVICES, THE COURSES, ANY FACTS OR OPINIONS APPEARING THEREIN, THE CONTENT, OR ON OR THROUGH ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, LENERGY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OR ACCESS THE SITES, THE SERVICES, THE COURSES, THE CONTENT, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, LENERGY SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SERVICES, OR THE COURSES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR COPYRIGHT INFRINGEMENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE,LENERGY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO LENERGY OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

10. Indemnification
You agree to indemnify, defend, and hold harmless Lenergy, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to your use or misuse of the Sites (including, without limitation, use in contravention of these Terms of Use, other Lenergy policies, and copyright and other intellectual property law).

11. Third Party Rights
The sections titled Disclaimer, Limitation of Liability, and Indemnification are solely for the benefit of Lenergy and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Use is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Use without Lenergy’s prior written consent.

12. Privacy
Your use of the Sites is subject to our Privacy Policy.