Terminology & Definitions:
The Company allows the User to browse the Application or choose the services without registering on the Application. The term "We", "Us", "Our" shall mean Application and/or its affiliates.
“User” for the purpose of these Terms, wherever the context so requires "You" or "User" shall mean any natural or legal person who has browsed or agreed to become a registered or unregistered User on the Application by providing registration data while registering on the Application as a registered user using the computer, laptop, mobile or any other systems which can access the application or just by visiting the Application to become the non-registered user. It will be presumed that the parents/legal guardians have mandatorily consented to the use of the application by the minor.
“Services” means access to the online course(s)/classes/content/workshops/seminars/ and/or similar connotations available on the application on successful completion of a Transaction.
“Transaction” means a successful purchase/subscription to a service(s) offered on the Online Application.
“Application” means the Masterskillz website, mobile website, social media handles like Facebook, Twitter, Instagram, Whatsapp, youtube, Snapchat, etc. including their mocks and work-in-progress which contains the services, contents, classes, IPRs, sensitive information, etc.
“Fee” means any amount charged on the Transaction.
Information Submitted by User:
We reserve the right to maintain, delete, or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s Data to be permanently deleted, irretrievable, or temporarily inaccessible.
You acknowledge and agree that while availing Services, the User shall have interactive sessions with Company’s instructors (“Sessions”) and Sessions shall be recorded and stored by Company. However, the recordings of Sessions shall be made available to User Instructors or any Company’s representatives. The company shall have the right to use such recordings of Session for the internal purpose and for enhancing the quality of the Services.
You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws, or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
The usage of the Platform is free of cost and the Company is not charging any fees for usage of Platform. However, Users shall be liable to pay fees for the Course which User desires to subscribe (“Fees”).
Payment against fees can be made online through Credit Card/internet banking etc. or any mode of payment that is made available to the User in the Platform.
The company does not offer any refund of Fees or the cancellation of the Course, except in case if the Company has offered any refund/cancellation option at the time of subscription of the Course.
Instructor's sessions recording:
The Instructor agrees that Masterskillz sessions will record videos of your lessons. This recording is intended solely for the purpose of ensuring the quality of our services and will not be shared externally.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners, and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
The Website may provide information regarding third-party Website(s), affiliates, or business partners and/or contain links to their Websites. Such information and links are provided solely for the purpose of Your reference. The Company is not endorsing the material on the Website, is not responsible for such errors and representation nor is it 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.
Intellectual property rights:
All the intellectual property used on the Website by the Company, service providers or any third party as the case may be shall remain the property of the Company, service provider or any other third party (as applicable). 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 Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. The content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Website or otherwise may 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.
You will be required to share your personal details to access the Application by registering on our Application. You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile to prevent unauthorized access to your account when you use this Application.
The Application grants you a personal, limited, non-exclusive, non-transferable, revocable, non-commercial license to access and make personal use of the content therein, solely in accordance with the Terms and not to download (other than page caching) or modify it, or any portion of it.
You agree to accept responsibility for all activities that occur under your account or password.
You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
This license does not include any resale or commercial use of this Application or its contents; any collection and use of any listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Application or any portion of this Application cannot be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
The Application reserves the right to refuse access to the Application, terminate accounts, remove or edit content at any time without notice if we have a reasonable belief that your account is being used for unauthorized purposes or if required under the law.
The Company does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Service.
The Company shall not be liable for any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the inability to use or performance of the Website or the Services. This shall extend to the loss suffered by You due to delay or inability to use or access the Website or the Services.
The Company shall not be responsible or liable in any manner to You for any losses, damage, injuries, or expenses incurred as a result of the use of the Website in any manner.
It is agreed and acknowledged by You that to the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of user content or any other content available on the Website, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (v) any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
We understand that in some jurisdictions, warranties, disclaimers, and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, the Company limits its liability for any claims under those warranties or conditions to supplying you the Services through the Website.
It is agreed and acknowledged by You that the Company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You
This Agreement will remain in full force and effect while You use the Website in any form or capacity. The Company reserves the right to terminate Your access to the Website and this Agreement in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information the You submit to the Company through the Website. Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS, AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE REQUIRED TO CARRY OUT PHYSICAL ACTIVITIES AS PER THE DEMONSTRATIONS PROVIDED THROUGH THE COURSES, VIDEOS, AND WORKSHOPS ON THE PLATFORM. WE HEREBY DISCLAIM ANY FORM OF LIABILITY ARISING OUT OF ANY INJURY OR DISABILITY OR ANY INCAPACITATION CAUSED TO YOU ON ACCOUNT OF CARRYING OUT SUCH PHYSICAL ACTIVITIES AND YOU EXPLICITLY AGREE THAT YOU SHALL NOT HAVE ANY RIGHTS TO MAKE ANY CLAIM AGAINST US FOR SUCH INJURY/LOSSES.
YOU AGREE AND UNDERSTAND THAT AS PART OF THE COURSES, VIDEOS, WORKSHOPS OR OTHER MATERIAL THAT MAY BE MADE AVAILABLE ON THE PLATFORM YOU MAY BE REQUIRED TO UNDERTAKE PHYSICAL ACTIVITIES AS DEMONSTRATED THROUGH THE COURSES, VIDEOS AND THE WORKSHOPS ON THE PLATFORM. KYT SHALL NOT BE RESPONSIBLE AND WILL NOT ACCEPT ANY LIABILITY FOR ANY DISABILITIES, INJURIES OR INCAPACITATION OR ANY OTHER HARM CAUSED TO YOU ON ACCOUNT OF YOUR PARTICIPATION IN THE COURSE AND ON ACCOUNT OF FOLLOWING THE INSTRUCTIONS PURSUANT TO THE VIDEOS OR WORKSHOPS ON THE PLATFORM. KYT SHALL FURTHER NOT BE RESPONSIBLE FOR DEATH OF ANY PARTICIPANT WHICH MAY BE ATTRIBUTED EITHER DIRECTLY OR INDIRECTLY ON ACCOUNT OF YOUR PARTICIPATION IN THE COURSES AS OFFERED BY KYT ON THE PLATFORM. KYT WILL ALSO NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSSES (WHETHER DIRECT OR INDIRECT OR CONSEQUENTIAL OR INCIDENTAL) OR ANY DAMAGES SUFFERED BY YOU ON ACCOUNT OF YOUR PARTICIPATION IN THE COURSES OFFERED ON THE PLATFORM.
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below: [email protected]
If you have any questions regarding the Services or usage of the Platform, please contact Company at [email protected]