Terms of Use

This legal agreement is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder, as applicable, and other applicable law governing electronic records and contracts. This electronic record is generated by a computer system and does not require any physical or digital signature.

This document is published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended) and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, each framed under the Information Technology Act, 2000 (as amended by the Information Technology (Amendment) Act, 2008), which require publication of the terms of use and privacy practices for access to and usage of any functional website. Our collection, use and disclosure of your personal data is separately governed by the Digital Personal Data Protection Act, 2023 and the rules made thereunder, as set out in our Privacy Policy.

This website is created and operated by Outleap Technologies Private Limited (hereinafter referred to as the “Company”, “We”, “Our” or “Us”), a private limited company incorporated and registered under the Companies Act, 2013, having its registered office at Incubex HSR14 49, 12th Main Rd, near Hsr BDA Complex, Sector 6, HSR Layout, Bengaluru, Karnataka 560102 (CIN: U72501KA2019FTC130352), and operating under the brand name “Leap Scholar”. We intend to ensure your steady commitment to the usage of this website (the “Website”) and the services provided by Us through the Website www.leapscholar.com (the “Services”).

“You”, “Your”, “Yourself” or “User” means natural and legal persons who use the Website or avail of the Services, and who are competent to enter into binding contracts under Indian law. “Third Party” or “Third Parties” means any website, platform or person other than a User and the Company.

General Terms

1. The headings of each section in these Terms of Use are only for the purpose of organising the various provisions in an orderly manner and shall not be used by You to interpret the provisions contained herein. The headings shall not have any legal or contractual value in relation to Your use of the Website.
2. The use of the Website is governed by these Terms of Use, the Privacy Policy that may be uploaded on the Website, and any modifications or amendments made thereto by Us from time to time at Our sole discretion. If You continue to access and use the Website, You are agreeing to comply with and be bound by these Terms of Use and the Privacy Policy.
3. You expressly agree and acknowledge that these Terms of Use and the Privacy Policy are co-terminus in nature, and that the expiry or termination of either shall lead to the termination of the other.
4. By clicking “I Agree”, creating an account, or accessing/using the Services in any manner, You acknowledge that You have read, understood, and agree to be bound by these Terms and Our Privacy Policy (available at https://leapscholar.com/privacy). These Terms constitute a legally binding agreement between You and the Company, and You shall be subject to the rules, guidelines, policies, terms and conditions applicable to Your use of the Website, which shall be deemed incorporated into, and form part of, these Terms of Use.
5. We reserve the right to modify these Terms at any time. We will notify You of any material changes to these Terms by email (to the address associated with your account, if any) or through in-app notifications. Your continued use of the Services after any such changes take effect constitutes Your acceptance of the modified Terms. If You do not agree to the modified Terms, You must stop using the Services.

Registration

We do not currently require a separate, formal registration process to access the Website. However, when You avail of the Services, the personal details You provide (as described in the Privacy Policy) may be used to create and maintain a user account or profile for You, which You may use to access the Services and view Your transaction history. We may, in the future, introduce a dedicated registration process on the Website.

Eligibility

1. You must be at least 18 years old to independently create an account or use the Services. If You are under 18 years of age, these Terms may be accepted, and the Services may be used, only by Your parent or lawful guardian on Your behalf, and all references to “You” or “User” in relation to a User under 18 shall be read as references to such parent or lawful guardian acting for the User's benefit. By creating an account or using the Services (directly, or, in the case of a User under 18, through a parent or lawful guardian), it is represented and warranted that:
   1. the User is at least 18 years of age; or
   2. where the User is under 18 years of age, the User's parent or lawful guardian has agreed to these Terms on the User's behalf and consents to the User's use of the Services; and, in either case,
   3. all information provided is accurate and truthful.
2. You further represent that You will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
3. You shall not use the Website if You are not competent to contract, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

Payment Gateway

To make a payment for purchases on the Website, You will be redirected to your approved selected Bank, a third-party payment gateway with which We may have an agreement, or such other payment processor as We may transition to in future. The payment gateway may seek additional information from You to process the payment, and may separately charge payment gateway fees. The payment gateway supports Debit Card/Credit Card/Net Banking/UPI and other wallet options. If a payment fails, Your access to the Services may be suspended until payment is successfully processed.

directly for payment-related concerns. You shall be bound by the concerned payment gateway's terms and conditions and other policies for all payment-related matters.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, “Content”) is generated or provided by, or based on information provided by, Users or third parties, and We have no control over, and make no guarantee regarding, the quality, accuracy, integrity or genuineness of such Content or other information on the Website. All Content displayed on the Website is subject to copyright and shall not be reused by You (or a third party) without the prior written consent of the Company and the copyright owner. You are solely responsible for the integrity, authenticity, quality and genuineness of any Content You provide on the Website, and while feedback and comments may be made via the Website, We bear no liability for feedback or comments made by other Users or in respect of any Content on the Website. The Website reserves the right to suspend the account of any User for an indefinite period, at the Company's discretion, or to terminate the account of any User who is found to have created, shared or submitted Content that is untrue, inaccurate, misleading, offensive or vulgar. You have a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for personal, non-commercial purposes in accordance with these Terms. You shall not share, distribute or publicly display the Content; use the Content for commercial purposes; reproduce, copy or create derivative works from the Content; or remove or alter any copyright, trademark or proprietary notice.

Indemnity

You agree to indemnify, defend and hold harmless Us, and Our respective directors, officers, employees and agents (collectively, the “Indemnified Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees and disbursements, and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or are in connection with, any breach or non-performance of any representation, warranty, covenant or agreement made, or obligation to be performed, by You under these Terms of Use. You further agree to hold the Indemnified Parties harmless against any claim made by a third party arising out of or in connection with:

1. Your unlawful use of the Website or Services;
2. Your conduct in connection with the Website; or
3. Your infringement of a third party's intellectual property rights.

You agree to cooperate fully, at Your own expense, in the defence of any such claim, and not to settle any such claim without Our prior written consent. To the extent permitted by law, in no event shall the Company be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages, including loss of use or profits, whether or not foreseeable and whether or not You had been advised of the possibility of such damages, arising out of or in connection with Your use of or access to the Website, the Services or the materials contained therein.

Limitation Of Liability

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

1. We are not responsible for any consequences arising out of:
   1. the Website being inoperative or non-responsive due to connectivity issues, including but not limited to slow or no internet connectivity, or server failure;
   2. incorrect information or data provided by You;
   3. any undue delay in, or inability to, communicate through email;
   4. the Services not meeting Your requirements or expectations; or
   5. a failure in the functioning of any other service provided by Us.
2. The Company does not guarantee any particular outcome from using the Services unless expressly guaranteed in writing. Outcomes may vary based on individual skill, eligibility, admission criteria, visa approval and other factors beyond the Company's control.
3. You shall comply with all laws applicable to You and Your activities, and with all Policies, which are hereby incorporated into these Terms of Use by reference.
4. The Website expressly excludes liability for any loss or damage that was not reasonably foreseeable by the Website and that is incurred by You in connection with the Website, including loss of profits, and for any loss or damage incurred by You as a result of Your breach of these Terms of Use.
5. To the fullest extent permitted by law, and without prejudice to Your rights as a consumer under applicable law, We shall not be liable to You or any other party for any loss or damage that is not reasonably foreseeable and that does not arise from Our gross negligence or wilful default.
6. Notwithstanding anything in these Terms, if the Company is found liable to You for any reason, Our total aggregate liability shall be limited to the amount You paid to the Company in the 12 months preceding the event giving rise to the liability.
7. While We implement reasonable security measures, We do not guarantee that the Website or its servers will be free from viruses, hacking, unauthorised access or other cyber-security incidents, and We shall not be liable for any loss arising therefrom except to the extent caused by Our gross negligence or wilful default.

Nothing in these Terms is intended to exclude or restrict any rights or remedies available to Users under applicable law, including under the Consumer Protection Act, 2019.

Term & Termination

1. These Terms of Use constitute a valid and binding contract between You and Us and shall remain in full force and effect for so long as You continue to access and use the Services.
2. We may suspend or terminate Your account at any time, without notice, if We believe You have violated these Terms or engaged in fraudulent, abusive or illegal activity. Upon termination for cause, You forfeit all pending access and any unused licences, without refund, save as required under the applicable Cancellation and Refund Policy or applicable law.
3. Such suspension or termination shall not limit Our right to take any other action against You that We consider appropriate under applicable law.
4. We reserve the right to limit, deny or create different access to the Website and its features for different Users, or to change or introduce features without prior notice.

Communication

We may contact You through email, telephone, SMS, WhatsApp or other communication channels in connection with Services requested or availed by You, including transactional, service, account, security and support communications.

We may disclose information relating to You in Our possession to law enforcement or other government authorities where required or permitted under applicable law, including pursuant to a court order or a lawful request from a government authority.

You may submit complaints relating to the Services, transactions, refunds, cancellations, privacy or other concerns through the grievance redressal channel below.

Grievance Officer details

Name: Debasish Sahoo
E-mail: studentgrievance@leapfinance.com
Contact: +91 91872 33422

The Grievance Officer will acknowledge Your complaint within 24-48 hours and shall endeavour to resolve it within 15 days of receipt, or such other period as may be prescribed under applicable law.

Cancellation and Refund

Fees, cancellations and refunds applicable to specific Services shall be governed by the applicable Cancellation and Refund Policy available at https://leapscholar.com/refund-policy.

User Obligations and Formal Undertakings as to Conduct

You agree and acknowledge that You are a restricted user of the Website, and You:

1. Agree to provide genuine credentials whenever required on the Website. You shall not use a fictitious identity. We are not liable if You have provided incorrect information.
2. Agree to ensure the name, email address, mobile number and any other information provided by You is, and is kept, accurate and up to date.
3. Understand and acknowledge that data submitted by You is manually entered into the database of the Website for easy and ready reference, and to streamline the Services provided through the Website.
4. Understand and agree that, to the fullest extent permissible by law, the Website, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, direct or indirect, in connection with or arising from Your unlawful use of the Website or these Terms of Use, including compensatory, consequential, incidental, indirect, special or punitive damages.
5. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Website.
6. Agree not to access (or attempt to access) the Website or its materials or services by any means other than through the interface provided by the Website. Using a deep-link, robot, spider or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Website or its content, or to otherwise reproduce or circumvent the navigational structure or presentation of the Website or its content, or to obtain any material, document or information through means not specifically made available through the Website, will lead to suspension or termination of Your account or access to the Website. We disclaim liability arising from any such offensive content on the Website.
7. Expressly agree and acknowledge that Content generated by Users and displayed on the Website is not owned by Us, and that We are in no way responsible for such Content. You may report offensive or objectionable content at contact@leapscholar.com, which We may then remove from the Website at Our sole discretion.

You further undertake not to:

1. Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks connected to the Website).
2. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
3. Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any such network. You shall not reverse look-up, trace or attempt to trace any information relating to any other User of, or visitor to, the Website, including any account not operated or managed by You, or exploit the Website or information made available through the Website in any manner.
4. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, its systems, resources, accounts, passwords, servers or networks connected to or accessible through the Website, or any affiliated or linked website.
5. Use the Website or any material or content therein for any unlawful purpose, or to solicit the performance of any illegal activity, or other activity that infringes the rights of the Website or any third party.
6. Violate any code of conduct or guideline applicable to any particular Service offered on the Website.
7. Violate any applicable laws, rules or regulations in force within or outside India.
8. Violate any provision of these Terms of Use or the Privacy Policy, including any applicable additional terms, whether by amendment, modification or otherwise.
9. Commit any act that causes Us to lose, in whole or in part, the services of Our Internet Service Provider (“ISP”), or that otherwise disrupts the services of any other supplier or service provider of the Website.
10. Where You avail of a Service, agree to provide accurate information and complete the applicable payment process in accordance with the payment terms contained herein or displayed at the time of the transaction. Your rights in relation to cancellation and refund, or other Service-related concerns, shall be governed by the applicable Cancellation and Refund Policy available at https://leapscholar.com/refund-policy. We may cancel or decline a transaction where reasonably necessary due to fraud, unlawful activity or other circumstances permitted under applicable law.
11. Use the Services provided by Us, Our affiliates, consultants and contracted companies, for lawful purposes only.
12. Provide authentic and true information. We reserve the right to confirm and validate the information provided by You at any time. If such information is found to be false or untrue (wholly or partly), We may, in Our sole discretion, reject Your registration and debar You from using the Website, after affording You a reasonable opportunity to respond, except where immediate action is necessary to prevent harm or as required by law.
13. Not post any material on the Website that is defamatory, offensive, obscene, indecent, abusive or needlessly distressful, or that advertises any goods or services. Without limiting the foregoing, You shall not host, display, upload, update, publish, modify, transmit or share any information that:
    1. belongs to another person and to which You have no right;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable, disparaging, or relating to or encouraging money laundering or gambling, or is otherwise unlawful in any manner;
    3. is in any way harmful to minors;
    4. infringes any patent, trademark, copyright or other proprietary right;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages, or communicates information that is grossly offensive or menacing;
    7. abuses, harasses, threatens, defames, disparages, demeans or otherwise violates the legal rights of others;
    8. is unlawfully threatening or unlawfully harassing, including “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
    9. 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 to any other nation.

Suspension of User Access and Activity

Notwithstanding other legal remedies that may be available, We may, in Our sole discretion, limit Your access and/or activity by removing Your access credentials, either temporarily or indefinitely, or suspend/terminate Your association with the Website, and/or refuse You use of the Website, without being required to provide notice or cause, if:

1. You are in breach of these Terms of Use or the Privacy Policy;
2. You have provided wrong, inaccurate, incomplete or incorrect information; or
3. Your actions may, in Our sole discretion, cause harm, damage or loss to other Users or Us.

Intellectual Property Rights

Unless expressly agreed in writing, nothing contained herein gives You a right to use any trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save as provided in these Terms of Use. All logos, trademarks, brand names, service marks, domain names, and other material, designs and graphics created or developed by the Website or a third party, and other distinctive brand features of the Website, are the property of the Company or the respective copyright or trademark owner (“Creators”). We shall be the exclusive owner of all designs, graphics and similar material relating to the Website.

You shall not use any intellectual property displayed on the Website in a manner likely to cause confusion among existing or prospective Users, or that disparages or discredits the Website, as determined in Our sole discretion.

You acknowledge that all intellectual property, including copyrights, relating to the Services resides with the relevant owners, and that no such intellectual property is transferred from the Company or the Creators at any point. We merely provide the Website through which You can communicate with other Users, and the Company does not own any intellectual property relating to independent content displayed on the Website, other than Content created by Us.

You further acknowledge that any reproduction or infringement of a third party's intellectual property by You may result in legal action being initiated against You by the relevant owner. The provisions of this section shall survive the termination or expiry of these Terms of Use and/or the Privacy Policy.

Disclaimer of Warranties and Liabilities

1. You further agree and undertake that You are accessing the Website at Your sole risk, and that You are exercising Your best and prudent judgment before availing of any feature on the Website or accessing/using any information displayed thereon.
2. You agree that any information, resources, activities or recommendations obtained from or availed of on the Website, whether written or oral, will not create any warranty, and We disclaim all liability arising therefrom.
3. We do not guarantee that the features and content on the Website will be uninterrupted or error-free, or that the Website or its servers will be free of viruses or other harmful components, and You hereby expressly accept the risks associated with Your use of the Website. The provisions of this section shall survive the termination or expiry of these Terms of Use and/or the Privacy Policy.

Force Majeure

We will not be liable for any delay or failure to perform Our obligations under these Terms if such delay or failure is due to a cause beyond Our reasonable control and without Our fault or negligence (a “Force Majeure Event”), including acts of war, acts of God, earthquake, riot, fire, sabotage, labour shortage or dispute, internet interruption, technical failure, or breakage of a sea cable.

Dispute Resolution and Jurisdiction

It is agreed that the formation, interpretation and performance of these Terms of Use, and any dispute arising therefrom or in connection therewith, shall first be attempted to be resolved amicably through good-faith negotiation between the parties within 30 days of either party notifying the other in writing of the dispute. The provisions of this section shall survive the termination or expiry of these Terms of Use and/or the Privacy Policy.

Arbitration: If the parties are unable to amicably resolve a dispute within the period specified above, the dispute shall be referred to, and finally resolved by, arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement of the parties. If the parties are unable to agree on an arbitrator within 30 days of either party proposing a name, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996. The arbitral award shall be final and binding on the parties. The costs of the arbitration shall be borne as directed in the arbitrator's award. The arbitration shall be conducted in English, and the seat and venue of arbitration shall be Bengaluru, Karnataka, India.

You agree that these Terms of Use, the Privacy Policy and any other agreement between the parties shall be governed by the laws of India and, subject to the arbitration agreement above, the courts at Bengaluru, Karnataka shall have exclusive jurisdiction over any matter not required to be referred to arbitration (including applications for interim relief).

Nothing in this section is intended to, or shall, prevent a User who qualifies as a “consumer” under applicable law from approaching the appropriate consumer dispute redressal forum or authority under the Consumer Protection Act, 2019.

Miscellaneous Provisions

1. Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between the parties with respect to the subject matter hereof, and supersede all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
2. Waiver: The failure at any time to require performance of any provision of these Terms of Use shall not affect Our right at a later time to enforce the same. No waiver by Us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.
3. Severability: If any provision of these Terms of Use is held invalid, illegal or unenforceable by a court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired, and such provision shall be valid and enforceable to the fullest extent permitted by law. These Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the parties, as expressed herein.
4. Contact Us: If You have any questions about these Terms of Use, the practices of the Website, or Your experience, You can contact Us by emailing contact@leapscholar.com.