Terms of Use

1. ABOUT US

Learnecole having its registered office at G-19 Saket, New Delhi 110017, India, is engaged in providing Mathematics, Science and aligned Subject(s) learning program that is relevant for students of all classes, in the Indian or International educational scenarios.

 

2. GENERAL

2.1. Our Terms of Use defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered with us. The Terms of Use herein are inclusive in nature and non-exhaustive and will deem to include any further terms which are conveyed via mail or along with material disbursed or sold. If you have any questions about any part of the Terms of Use, feel free to contact us at info@learnecole.com.

2.2. This Terms of Use supersedes all previous oral and written terms and conditions (if any) communicated to you.

2.3. Your accessing or using our Site, Application or Services by means of a computer system or a hand device or any other electronic means, in any manner whatsoever, including and not limited to visiting, surfing and copying, downloading, uploading of any content whether in text, numeric, drawing etc, shall mean that you have read, understood and have consented to be bound by our Terms of Use, without any modification.

2.4. Your submission of any personal information shall be governed by our Terms of Use (in particular, by the Privacy Policy) as applicable and provided on our website.

2.5. Please ensure that you read and understand our Terms of Use before you use the Site, Application, or Services, if you do not accept any of the Terms of Use, then please do not use the Site, Application, or Services or avail any of the services being provided therein.

2.6. Your agreement to our Terms of Use shall operate as a binding agreement between you and learnecole in respect of the use of the site, application or availing of services.

2.7. Any term used in this Terms of Use and not defined herein shall have the meaning as defined in the Privacy Policy.

2.8. Words denoting the singular shall include the plural and vice versa.

2.9. Words denoting any particular gender shall include all genders.

2.10. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Terms of Use or the right to use the Website by the Users contained herein or any other section or pages of the Website in any manner whatsoever.

 

3. TERM AND TERMINATION

3.1. This Term of Use will remain in full force and effect while you use the Website in any form or capacity.

3.2. The Company reserves the right to terminate your access to the Website and this Term of Use in the event of the following by You-

3.2.1. breach of any terms contained herein,

3.2.2. misrepresentation of information,

3.2.3. any unlawful activity or

3.2.4. any information submitted by You to the Company through the Website is unable to be verified or is authenticated.

3.3. Clauses under the headings User Covenants, Limitation of Liability, Indemnity, Disclaimer, Intellectual Property Rights, Dispute Resolution shall continue and survive the termination of this Terms of Use.

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4. PURPOSE OF THE WEBSITE

4.1. The Website of the Company is meant to provide information to the public about the -

4.1.1. Company.

4.1.2. the services and incidental services provided by the Company including without limitation, the information pertaining to the learnecole Learning Program.

4.2. The Website facilitates the services rendered by the Company, and provides for, including and limited to the registration of the teachers, parents/ legal guardians of the student(s) and the student(s), desirous of being part of the learnecole Learning Program, on the Website.

4.3. The Website facilitates to create/ register an account with us for availing learnecole Learning Program.

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5. USE OF THE WEBSITE

5.1. Your access of the Website will solely be at the discretion of the Company.

5.2. The Company authorizes you to access the Website solely, to acquire information or enrol/ register or be part of the learnecole Learning Program of the Company.

5.3. The Company reserves the right, at its sole discretion, to suspend/ prohibit/ restrict your ability to use or access the Website (or a part thereof) at any time, while the Company investigates complaints or alleged violations of this Terms of Use, or for any other reason, whatsoever, including but not limited to your misusing the Website in any manner.

5.4. The use of the Website is governed by the Company’s Privacy and other Policies which you hereby undertake to adhere to immediately upon first access of the website. The Company’s Privacy and other Policies set forth its standard practices regarding the collection, use and disclosure of personal information that it obtains about you in connection with the Services and such other issues as stated in such Policies.

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6. USE OF THE ACCOUNT CREATED/REGISTERED ON THE WEBSITE

6.1. Your access of the account registered on the Website, will solely be at the discretion of the company.

6.2. You shall not allow any party other than yourself (or your children for whom the account is created/ registered in case you are a parent/ legal guardian) to use or have access to the account registered on the Website or disclose to any third party any content of the account registered on the Website.

6.3. Any violation of the term of the above-mentioned sub-clause will be viewed seriously by us and we reserve the right to take all action under this Terms of Use or under the law against you to prevent any illegal use, disclosure, or access by/ to you or any third party.

6.4. The Company reserves the right to accept or reject or suspend or put on hold, your registration on the Website.

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9. USER’s PERSONAL INFORMATION

9.1. To enroll/register or be part of the learnecole Learning Program of the Company, you may be required to provide your name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, you are required to provide accurate and complete information.

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10. Authorization

10.1. You hereby authorize the Company to

10.2.. use your submitted information to contact you through SMS, e-Mail, WhatsApp or any other medium not specified.

10.2.1. maintain a record of your queries, visit of the Website, and/ or feedback; and

10.2.2. use all submitted information by you in such manner, as we may deem fit or necessary.

10.3. User Submissions

You understand that when using the Website, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.

 

11. TEACHER’s RELATED

11.1. Eligibility Criteria to become a Teacher

11.1.1. You are not eligible to register as a Teacher if you are a minor in accordance to the applicable law. By registering yourself as Teacher you represent that you are of legal age to form a binding contract under the applicable law.

11.1.2. You should be a graduate with Mathematics discipline.

11.1.3. You should be willing to conduct the sessions/classes at home or at designated premises or digitally.

11.1.4. You have to provide certain information required on the Website. You shall ensure that the information provided by You in the Website's registration form is complete, accurate and up to date.

11.1.5. Every teacher is certified to teach in the relevant markets (whether Indian or International) on completion and continued attainment of specified goals  for students.

11.1.6. You will not be considered as an employee of the Company at any stage while you are registered as Teacher.

11.2. Facilitation for your registration by the Company

The Company shall allow and facilitate your registering as Teacher, only if You have provided to the Company certain information required, on the Website or otherwise, as may be stipulated from time to time. After the completion of the registration on the Website or otherwise by you and post evaluating and analysing your information, the representatives of the Company will contact You.

11.3. Obligations of the Teacher

11.3.1. You shall establish and maintain such facilities and such appropriate, attractive, accessible premises, if applicable, for running the Learnecole Learning Program.

11.3.2. You shall always perform your obligations in professional, ethical, legal and socially responsible manner and shall not involve yourself in any act involving moral turpitude or any act which may give rise to anti-national feelings or discrimination based on caste, creed, sex or religion or involve in any act which may cause mental or physical injury to any of the students.

11.3.3. You undertake the responsibility of conducting interactive sessions with students and their parents/ guardians with the aim to facilitate an understanding of learnecole Learning Program and address all academic and non-academic queries / issues raised by the concerned person attending such interactive session to their satisfaction.

11.3.4. You shall not have any claim, whatsoever, on the content relevant to run the program, including worksheets, tablet-based apps, softwares and any other learning material including the logo and brand name of the Company (“Content”) and shall not acquire any right, title or interest in or to the Intellectual Property.

11.3.5. You shall also endeavour to protect the confidential information and goodwill of the Company

11.3.6. You agree to fully indemnify Cue Learn, its directors, its employees, its officers from any claim, damage, loss, decree, order, judgment, expense, liability or financial obligation of any nature whatsoever arising out of your negligence, default, action, omission, breach of any applicable laws and any illegal conduct.

11.5. Holidays and Pause Policy

11.5.1. In the learnecole system, no holidays are defined to be exercised by the student or the teacher. However, In the complete tenure/subscription, the teacher will have certain pause units which can be availed.

11.5.2. Learnecole does not observe any holidays in the academic calendar year.

11.5.3. In case of any class missed on a holiday, can be compensated by the teacher at a convenient time in accordance with the student’s convenience.

11.5.4. Compensatory classes are to be completed in the given tenure of the student.

11.5.5. Teachers will get 4 weeks of pause (4 units) in a year which they can exercise with prior information to the learnecole team and parents.

11.5.6. With every pause, the tenure of every student is extended by the same duration.

11.5.7. Maximum no of pause units which can be used by a Teacher at one time is TWO weeks.

11.6. Student Transfer Policy

11.6.1. Upon request or due to continued unavailability of teacher or lack of adequate quality of class, or at sole discretion of the learnecole, the student may be transferred to another teacher.

11.6.2. Such a transfer will be with prior consultation with the parents/ guardians of student. Such transfers will be initiated and processed by learnecole at its sole discretion.

11.6.3. In case of the student transfer, the number of classes of the student remains as it is, depending on the tenure of the subscription.

11.6.4. Student fee per class for the transferred student will be as per the class structure: 1:1 or 1:many.

11.7. Demo Allocation/Conversion Policy

11.7.1. Student demo assignment will be as per the sole discretion of learnecole and no fees or charges shall be paid for the same.

11.7.2. Demo can be assigned to any teacher, from time to time, depending on the availability of their slot, historical demo conversion, compliance, retention, and such applications.

11.7.3. learnecole team will be responsible for all follow-ups after the demo is done. A teacher under no circumstance should contact the parent/ guardian for a follow up, until and unless so communicated or requested by the learnecole team.

11.7.4. In case of a successful demo conversion every attempt will be made to assign the student to the teacher who conducted the demo. If however, for reasons such as unavailability of preferred slots, disciplinary issues, lack of satisfactory class performance,learnecole may reassign the student to another teacher at its sole discretion.

11.7.5. Last demo taken before payment, will be considered as the successful demo.

 

12. LEARNECOLE’s RIGHT AND OBLIGATIONS

12.1. General

12.1.1. The Company reserves the right to disable such information that is in contravention of Clause 9, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person or otherwise, in writing or through email about any such information as mentioned in Clause 9 above. The Company shall be entitled to preserve such information and associated records, as it may deem fit, for production to governmental authorities for investigation purposes.

12.1.2. The Company may disclose, or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer. Please be informed that the SPI Rules only permit the Company to transfer sensitive personal data or information under the SPI Rules including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the user or where you have consented to data transfer.

12.1.3. The Company may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information provided in the learnecole Learning Program.

12.1.4. learnecole may terminate your account or restrict your use of the Website for convenience at any time with or without providing you 30 days' notice via email to your registered email address or by any other means.

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13 TEACHER'S RELATED

13.2.1. The Company reserves the right to refuse Teacher to the new registrants without providing any reasons.

13.2.2. Any information provided by you is found to be untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company reserves the right to not register/ associate you as a Teacher or suspend/ terminate your association with learnecole as a Teacher, as the case may be.

13.2.3. The Company shall provide content, branding as well as the learning material to the Teacher(s). Company reserves it right to charge for such services from teacher(s).

13.2.4. The Company shall provide You with an online teacher student interface through which You can upload student performances and other parameters required for assessing students. You will be responsible for maintaining the confidentiality of the account information required to login to the interface and are fully responsible for all activities that occur under account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions, or otherwise.

13.2.5. The Company shall conduct regular training and interaction sessions with Teacher(s) for quality control.

13.2.8. To continuously improve the quality, learnecole shall require teachers to achieve proficiency badges or certifications for continued teaching privileges.

13.2.9. The Company shall provide printed marketing material to the Teacher(s).

13.3. Parent’s Related

13.3.1. The Company shall provide the necessary support to the Teacher(s)s to enable an enriching experience for the students enrolled in the learnecole Learning Program.

13.3.2. Subject to Article 17 below, any instance of misconduct or misdemeanour by the Teacher against You or Your child/children shall be reported to the Company and the Company shall take reasonable efforts to immediately suspend the association of the Teacher with the Company depending on the veracity of the complaint filed against the Teacher(s).

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14. PAYMENTS

14.1. All payments hereunder shall be made into the bank account specified in writing on the Invoice.

14.2. For fee payments by the Student - We request all payments through PayPal. We understand that PayPal is a very simple, safe & secure.

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15. THIRD PARTY INFORMATION

The Website may provide information regarding third party website(s), affiliates, or business partners, contain links to their website/portals and/or any other information. Such information and links are provided solely for the purpose of your reference. The Company is not endorsing the material or any information on the Website, is not responsible for such errors and representation nor the Company is associated with it and you shall access these websites at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from the Website, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects, and other items of a destructive nature.

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16 INTELLECTUAL PROPERTY RIGHTS

All the intellectual property used on the Website (including the Content) by the Company, service providers or any third party shall remain the property of the Company, service provider or any other third party, as the case may be. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The Website is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Website or otherwise shall not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

 

17. REGISTRATION AND DATA PRIVACY

17.1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are dealt in the Privacy Policy, which the User has the responsibility to read and understand the usage of such information by the Company.

17.2. The Company may in relation to the Website, collect information relating to the devices through which you access the Website, and anonymous data of Your usage. The collected information will be used only for improving the quality of the Website and to build new services. You hereby authorise and permit the Company to collect the aforesaid information.

17.3. Policy for NDNC

By using the Website and/or registering yourself at https://www.learnecole.com/, you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact that you might have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from learnecole for the above-mentioned purposes till 365 days of your registration with us. This Privacy Policy covers learnecole’s treatment of personally identifiable information that learnecole collects when you are on the learnecole site, and when you use learnecole’s services. 

17.4. The Website allows the Company to have access to registered Users’ personal email or phone number, for communication purposes.

17.5. The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.

17.6. The User is responsible for maintaining the confidentiality of the User’s account access information and password if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

17.7. If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the right of the User to use the Cuemath Learning Program at its sole discretion.

17.8. The Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

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18. AUTHORITY FOR LIMITED USE

Subject to your compliance with these Terms, learnecole grants you a limited, non-exclusive, non-transferable license to -

18.1. use the Website, learnecole Learning Program or any services provided by learnecole;

18.2. download and install Application on mobile handset or computer system or any other electronic means, solely for your own personal and non-commercial use.

 

19. LIMITATION OF LIABILITY

19.1. In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto (including the Content), even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

19.1.1. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

19.1.2. any unauthorized access to or alteration of your transmissions or data; or

19.1.3. any other matter relating to the Website.

19.2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Terms of Use or a User’s use of the Website exceed, in the aggregate the amount paid by the user in the three (3) month period prior to the event giving rise to the liability.

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20. INDEMNITY

20.1. You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from

20.1.1. your access to or use of the Website in any fraudulent manner;

20.1.2. your enrolment or attending of any course or any loss, damage, injury etc arising thereto to any person or otherwise;

20.1.3. violation of Terms of Use or Company Policies;

20.1.4. infringement, or infringement by any other user of your account with the Company; and

20.1.5. infringement of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

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21. ASSIGNMENT

User shall have no right to assign or transfer any rights covered under this Terms of Use, by operation of law or otherwise, except by learnecole’s prior written consent. Transfer of any terms of this Terms of Use, without learnecole’s consent, will be null and of no effect. However, learnecole reserve the right to transfer at its sole discretion any terms or every terms of this Terms of Use without restriction/obligation of any kind. This sub clause shall be bind and shall inure to the benefit of the parties, their successors, and permitted assigns.

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22. ANTI-BRIBERY AND ANTI-CORRUPTION

The User’s acknowledge and undertake that they are and shall always be in compliance with applicable Laws relating to anti-bribery and anti-corruption. They further represent and warrant that they shall not take any action that could result in liability for the Company and/or the Protected Person under any anti-corruption or anti-bribery laws.

The Users shall neither indulge themselves nor allow any other person to indulge into any kind of activities relating to corruption and bribery. They further shall promptly report to the Company any request received by such User for any undue financial or other advantage of any kind in connection to the Company or in connection to the clauses of this Terms of Use.

 

23. DISPUTE RESOLUTION AND GOVERNING LAW

23.1. This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including, but not limited to -

23.1.1. the Indian Contract Act, 1872;

23.1.2. the Information Technology Act, 2000 (the “IT Act”);

23.1.3. the rules, regulations, guidelines and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);

23.1.4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); and

23.1.5. the Consumer Protection Act, 1986.

23.2. This Terms of Use shall be governed by the laws of India and the parties submit to the exclusive jurisdiction of courts in Delhi.

23.3. In case of any dispute, the parties shall strive to resolve it with mutual Terms of Use, in the event the dispute persists, the dispute shall be referred to a sole arbitrator appointed with mutual consent between the parties and the matter shall be subject to the jurisdiction of Delhi. The Company shall not be liable for any damages, claims, losses, expenses, costs, obligations and liabilities, resulting from any fraudulent or illegal or unauthorized act of its employees or representatives in the performance of their duties.

23.4. learnecole's rights granted hereby are cumulative and in addition to any rights it may have at law or equity.

 

24. DISCLAIMER

24.1. This Terms of Use does not alter in any way the terms or conditions of any other agreement you may have with us, or our subsidiaries or affiliates.

24.2. If you are using the Website on behalf of any other person or entity or otherwise, you represent and warrant that you are authorized to accept these terms on behalf of such person’s or entity's or otherwise, and that this Terms of Use shall be equally binding upon you and upon the person or the entity or otherwise on whose behalf you are using the site, application or services.

24.3. The Company, its employees and advisors make no representation or warranty and shall incur no liability to any person, including any User or Teacher, and such User and / or Teacher hereby waive all their respective rights against the Company, if any, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost, or expense which may arise from or be incurred or suffered on account of -

24.3.1. anything contained in the Terms of Use or on account of the learnecole Learning Program or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the material provided by the Company and any assessment, assumption, statement or information contained therein or deemed to form part of learnecole Learning Program;

24.3.2. any statement, action, deed of any nature committed by any User.

24.4. The Company accepts no liability of any nature, whatsoever, whether resulting from negligence, act of imposing corporal punishment on students, any event of physical or sexual harassment or otherwise howsoever caused by Teacher.

24.5. The Company collects, directly or indirectly, and displays on the Website, information, comments, experiences of the Teachers and the Users. Although the Company screens and vets the information and comments collected and /or submitted by the Teacher(s)s and the Users, it cannot be held liable and / or responsible for any inaccuracies or incompleteness represented from it, despite such reasonable effort. The Parties agree that the Company shall have no liability, whatsoever, in respect of any claim that may arise against any party consequently or in relation to any information, comments or statement of any Teacher and / or User which is posted on its Website.

24.6. The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

24.7. The Website is provided to you on “As Is” basis. The Company hereby disclaims all representation(s) d/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition thereto, the Company makes no representations, warranties or guarantees that:

24.7.1. this Website shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,

24.7.2. the use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, and/or uninterrupted, and the Company disclaims any liability relating thereto.

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25. FEEDBACK, QUERIES & CONTACT INFORMATION

Feedback, Queries or comments about the Website, learnecole Learning Program or any other services provided by the Company shall be directed to the Company at the email address: info@learnecole.com

You may also contact the Company at info@learnecole.com