This Refund and Cancellation Policy (hereinafter referred to as the "Policy") outlines the terms and conditions governing refunds and cancellations for LMES, applicable to all its programs, courses, and services. By enrolling in any program or service offered by LMES, the user (hereinafter referred to as the "Customer") agrees to be bound by this Policy.
I. Definitions and Interpretation
(i) In this Policy, unless the context otherwise requires:
(a) "Applicable Law" means all local laws applicable to the offering and acceptance of educational course(s) services and/or regulation of corporate entities, including Acts, statutes, by-laws, rules, regulations, orders and ordinances together with all codes, guidelines, policies, notices, direction, directives and standards of any governmental authority or such other laws which are legally mandatory in nature affecting obligations of either of the Parties.
(b) "Approvals" means any approval, consent, permit, license, authorization, certificate, exemption, filing, registration, ordinance, guidelines, policies, notices, direction, directives and standards of any Governmental Authority which are legally mandatory in nature and/or other requirements, which are required under Applicable Law.
(c) "Customer" means any individual who has enrolled in a program, course, or service provided by LMES.
(d) "EMI" means Equated Monthly Instalments paid by the Customer for a program or course through a financing arrangement with or without the assistance of LMES and aggregator platforms.
(e) "Financial Service-Provider" shall mean and include such individuals, organizations and/or entities providing monetary financial support to the Customers for the payment of the program fee to LMES.
(f) "LMES" refers to the organization providing educational programs, courses, and services.
(g) "Processing Fees" refers to non-refundable fees charged for administrative and transactional purposes at the time of submission of the application for enrolment.
(h) "Program Fee" means the amount paid by the Customer to enrol in any LMES program or course.
(i) "Refund Request" means a formal application made by the Customer seeking reimbursement of the program fee or a portion thereof.
(j) "Force Majeure" refers to events beyond the reasonable control of LMES, including but not limited to natural disasters, regulatory changes, and pandemics.
(ii) Headings used in this Policy are for convenience only and shall not affect the interpretation of the provisions herein.
(iii) Any reference to a clause, unless specified otherwise, shall mean a reference to a clause of this Policy.
II. Authentication and Verification of Refund Requests
(i) Refund requests shall only be processed upon successful authentication and verification of the request by LMES. Authentication shall include, but is not limited to:
(a) Verification through a recorded call with LMES's customer support team; and/or
(b) Submission of written communication through email, including all necessary details specified in Clause IV herein.
(ii) LMES reserves the right to reject refund requests if the authentication process is incomplete or unsatisfactory at LMES's sole discretion.
III. Eligibility for Refunds
(i) Any refund sought for by a customer are subject to the following Conditions:
(a) No refunds shall be provided for the period between the Customer's onboarding and the commencement of the course. If applicable, one or two EMIs may be deducted.
(ii) No refunds shall be provided in cases where the Customer has accessed more than three classes.
IV. Procedure for Submitting Refund Requests
(i) All refund requests must be submitted in writing to LMES via email at
support@uptor.in or through the designated support portal available at
https://uptor.in/support/ (ii) The refund request must include the following mandatory details:
(a) Full name of the Customer;
(b) Name of the program or course for which the refund is sought;
(c) Payment details, including transaction ID;
(d) A detailed explanation for the refund request, along with any supporting documentation, and such other details as may be requested by LMES from time-to-time.
(iii) Refund requests must be submitted within 45 days from the date of payment in Loan/EMI process. Requests received after this period shall not be processed subject to deductions levied by the Fintech partners.
(iv) In cases involving EMI-linked (Fintech Partner) payments, the Customer must submit the refund request before 15th of the month. LMES shall not be responsible for halting auto-deductions if this condition is not met. For EMI processed via Shopse, in order to pre-close or cancel your EMI loan, the request must be raised within 60 days from the loan disbursement date. After 60 days, pre-closure or cancellation requests cannot be processed.
V. Refund Categories and Conditions
(i) Partial Refunds: LMES may grant partial refunds in cases of documented emergencies, subject to verification and deductions as specified in Clause 6.
(ii) Full Refunds: Full refunds shall only be granted if the Customer has not attended any classes or not completed the onboarding process. Refunds under this clause are subject to deductions for processing fees, as outlined in Clause 6.
Program-Based Refunds:
| Duration | Refund Percentage | Eligibility |
|---|
| Payment date - Class Commencement | 100% | Eligible for full refund, post deducting the processing fee + operational cost |
| Within the first 3 classes | 70% | Eligible for a 70% refund of the total fees paid, post deducting the processing fee + operational cost |
| After 3 classes | No Refund | No refunds shall be issued. |
(iii) Provided that any and all refunds covered by the present policy shall be routed by LMES through the Financial Service-Provider of the concerned Customer, if approved.
VI. Fee Deductions and Processing Charges
(i) All refunds shall be subject to deductions for non-refundable processing fees, administrative costs, and applicable charges. The deductions shall be as follows:
(a) Advance Payment:
(1) Refunds requested within 2 days from payment date: Deduction of 10% of the payment amount.
(2) Refunds requested between 2 days to 5 days from payment date: Deduction of 50% of the payment amount.
(3) Refunds requested after 5 days from payment date: No refunds shall be issued.
(b) Term Payment:
(1) Refunds requested within 2 days from payment date: Deduction of 10% of the term payment amount.
(2) Refunds requested 2 days to 5 days from payment date: Deduction of 30% of the term payment amount.
(3) Refunds requested after 5 days from payment date: No refunds shall be issued.
(ii) Processing fees and charges for EMI plans shall be deducted in accordance with the specific rates set by the associated financial service-provider, as the case may be.
(iii) LMES reserves the right to adjust deductions based on the Customer's payment and course usage history or such other deductions as may be applicable subject to the sole decision of LMES.
(iv) In the event that LMES cancels a program, a full refund of the program fee shall be issued to the Customer. Any third-party charges incurred shall not be refunded.
VII. Force Majeure
LMES shall not be held liable for any delay or failure to process refunds due to events beyond its reasonable control, including but not limited to natural disasters, regulatory changes, pandemics, other unforeseeable circumstances and/or other force majeure events beyond the control of LMES. Provided that, notwithstanding Clause VI(iv) above, LMES shall not be liable to refund the amounts paid by a Customer cancelled due to force majeure events.
VIII. Miscellaneous Provisions
(i) LMES shall process all refund requests in compliance with applicable laws.
(ii) Any disputes arising from this Policy shall be resolved through mediation or arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a Sole Arbitrator appointed on the mutual consent of the Parties. The seat of such Arbitration shall be Chennai, India and the proceedings shall be conducted in the English language.
(iii) Refunds shall be processed within a period of 7-21 business days from the date of approval by LMES, subject to clearance and approval of the financial service-provider. LMES shall not be liable for any delay in the same not directly attributable to them or non-receipt of refund to a Customer owing to policies of the financial service-provider.
(iv) LMES reserves the right to amend or update this Policy at its sole discretion. Customers shall be notified of any changes via email, and the updated Policy shall be made available on LMES's official website.
(v) Any failure by LMES to enforce a provision of this Policy shall not constitute a waiver of its rights to enforce the same or any other provision in the future.
(vi) By enrolling in an LMES program or course, the Customer acknowledges that they have read, understood, and agreed to the terms of this Policy as may be amended from time-to-time.
(vii) LMES reserves the right to investigate refund requests for potentially fraudulent activities, including but not limited to misuse of services, duplicate claims, or false representations.
(viii) In cases of fraud, LMES may: (a) Deny the refund request; and (b) Take legal action to recover damages and report the incident to relevant authorities.
(ix) LMES shall not be liable for any indirect, incidental, or consequential damages arising out of or related to this Policy or the Customer's use of LMES services, including but not limited to loss of data, revenue, or goodwill.
(x) For any refund-related queries, Customers may contact LMES at:
Phone: +91 988 422 2368