Terms and Conditions

Last Updated: August 8, 2024

Notice

Please read these Terms of Use carefully before accessing or using the LOMIA platform. By accessing or using the platform, you agree to be bound by these Terms. If you do not agree with any of these terms, please refrain from using the platform.

Terms of Use

Welcome to LOMIA MAKEUP AND COSMETICS PVT LTD! These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and LOMIA (“LOMIA,” “we,” “us,” or “our”) governing your access to and use of the LOMIA online and offline makeup and beauty teaching platform, including its website, mobile applications, offline materials, and any associated content or services (collectively referred to as the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. Please read them carefully before using our Platform.

1. Definitions

Platform: Refers to the LOMIA online website (www.lomia.in), mobile applications (available on iOS and Android platforms), and any offline learning materials or resources provided by LOMIA.
User: Refers to any individual or entity accessing or using the Platform, including but not limited to students, instructors, and visitors.
Instructor: Refers to the makeup and beauty professionals, experts, or educators who create and deliver educational content on the Platform.
Content: Refers to any and all materials, including but not limited to educational videos, tutorials, articles, quizzes, assignments, live sessions, downloadable resources, and any other information or materials available on the Platform.
Course: Refers to a structured series of lessons or modules on a specific makeup or beauty topic, delivered by an Instructor through the Platform.
Certificate: Refers to the digital or physical certification issued by LOMIA upon successful completion of a course, subject to the terms and conditions specified in Section 5.
EMI: Refers to Equated Monthly Installments, a payment option offered by LOMIA for certain courses.
Intellectual Property Rights: Refers to all copyright, trademark, patent, trade secret, and other proprietary rights and laws.

2. Acceptance of Terms

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other guidelines or policies published on the Platform. If you do not agree with any of these terms, please refrain from using the Platform.

3. User Accounts

Eligibility: To use the Platform, you must be at least 18 years old and have the legal capacity to enter into a binding contract. If you are under 18, you may only use the Platform with the involvement and consent of a parent or legal guardian.
Account Creation: To access certain features or enroll in courses, you may need to create a user account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
Account Security: You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, please notify us immediately.
Account Termination: We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms, misuse of the Platform, or any activity that may harm LOMIA or other users.

4. Course Enrollment and Payment

Course Catalog: The Platform offers a variety of makeup and beauty courses taught by experienced Instructors. Each course description includes details about the course content, duration, prerequisites (if any), fees, and any other relevant information.
Enrollment: To enroll in a course, you must follow the instructions on the Platform, which may include selecting the course, completing the registration form, and making the required payment.
Payment: Course fees may vary depending on the course content, duration, and Instructor. We offer various payment options, including EMI, to accommodate different budgets. You agree to pay all fees associated with your chosen course(s) and any applicable taxes.
Refunds: Our refund policy is outlined in Section 9.

5. Certification

Digital Certificates: Upon successful completion of a course, including passing any required assessments or assignments, you will be awarded a digital certificate of completion.
Physical Certificates: For professional courses or as otherwise specified, you may request a physical certificate for an additional fee. The physical certificate will be mailed to your provided address.
Verification: We may verify the authenticity of certificates upon request.

6. Intellectual Property Rights

LOMIA’s Ownership: All Content on the Platform, including but not limited to text, graphics, logos, images, videos, audio recordings, software, course materials, and any other materials or works, are owned by LOMIA or its licensors and are protected by Indian and international copyright, trademark, and other Intellectual Property Rights laws.
Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your personal, non-commercial educational purposes.
Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without our prior written consent.

7. User Conduct

Lawful Use: You agree to use the Platform only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Platform.
Prohibited Activities: You may not engage in any of the following activities on the Platform:
- Violating any applicable laws, regulations, or third-party rights.
- Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Interfering with or disrupting the operation of the Platform or the servers or networks used to make the Platform available; or violating any requirements, procedures, policies, or regulations of networks connected to the Platform.
- Using any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission.
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

8. Instructor Conduct

Professionalism: Instructors are expected to maintain a high level of professionalism and conduct themselves in a manner that is respectful to users and conducive to learning.
Accurate Information: Instructors must provide accurate and up-to-date information in their courses.
Respect for Intellectual Property: Instructors must respect the Intellectual Property Rights of others and not use any copyrighted material without proper authorization.

9. Refunds and Cancellations

Refund Policy: LOMIA’s refund policy varies depending on the specific course and the circumstances. Please refer to the individual course description or contact our customer support for details.
Cancellation by LOMIA: LOMIA reserves the right to cancel any course at any time for any reason. In such cases, a percentage refund will be issued to affected users.

10. Disclaimer of Warranties

As-Is Basis: The Platform and its Content are provided on an “as is” and “as available” basis without any representations or warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
No Guarantees: We do not guarantee that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We also do not guarantee the accuracy, completeness, or timeliness of the Content or that the Platform will meet your specific requirements or expectations.

11. Limitation of Liability

Indirect Damages: To the maximum extent permitted by law, LOMIA and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or goodwill impairment, arising out of or in connection with the use of or inability to use the Platform or its Content.
Total Liability: In no event shall LOMIA‘s total liability to you for all damages, losses, or causes of action exceed the amount paid by you, if any, for accessing the Platform or the specific course in question.

12. Indemnification

You agree to indemnify, defend, and hold harmless LOMIA, its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, damages, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Platform, your violation of these Terms, or your violation of any rights of another.

13. Modifications to the Platform and Terms

Modifications to the Platform: We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time without prior notice.
Modifications to the Terms: We may update these Terms from time to time in our sole discretion. Any changes will be effective immediately upon posting on the Platform. We encourage you to review these Terms periodically to stay informed of any updates.

14. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
Dispute Resolution: Any disputes arising out of or in connection with these Terms or the use of the Platform shall be resolved through binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Kochi, Kerala, India, and the language of the arbitration shall be English.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

16. Entire Agreement

These Terms, along with our Privacy Policy and any other guidelines or policies published on the Platform, constitute the entire agreement between you and LOMIA regarding your use of the Platform and supersede all prior or contemporaneous communications and proposals, whether oral or written.

17. Contact Us

If you have any questions or concerns about these Terms or the Platform, please contact us at:

LOMIA MAKEUP & COSMETICS PRIVATE LIMITED

Areeckal (H), Maikavu, Vappalassery, Aluva, Ernakulam – 683572, Kerala

Email: support@lomia.in

Modifications to the Terms: We may update these Terms from time to time in our sole discretion. Any changes will be effective immediately upon posting on the Platform. We encourage you to review these Terms periodically to stay informed of any updates.