MakerVidya Terms of Use

Last updated on 2^nd November 2020.

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

The internet resource www.makervidya.com, www.makervidya.in, the MakerVidya Mobile Applications (android and iOS) and the MakerVidya Services therein (hereinafter referred to as the “Platform” is owned by Wonksknow Technologies India Private Limited, having its registered office at No. 1854, 3^rd Stage Prakashnagar, Bangalore – 560021, Karnataka, India (hereinafter referred to as “Company/MakerVidya”). This document in its present form is the property of the Company, its subsidiaries and assigns as may be created from time to time.

General

By accepting these Terms, you are entering into a legally binding Agreement (“Agreement”) with us.

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

These Terms, along with the others found on our Platform, include our policy for acceptable use of the Platform, its content, the content posted on the Platform, your rights, your obligations, as well as restrictions regarding your use of the Platform.

When you access, browse, or use the Platform, you accept, without limitation or qualification, the terms and conditions set forth herein. When you access or use any of the Services, you will be subject to the rules, regulations, policies and all applicable terms and conditions which shall be deemed to be incorporated into and be a part and parcel of these Terms. When you access any sub-site or any other mobile application (whether belonging to an ‘associate’ of the company or otherwise) through this Platform, such sub-site or mobile application may have its own terms and conditions, which are specific to thereto.

We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.

So long as you comply with these Terms, and the Service specific Terms, the Company grants you a non-exclusive, non-transferable, limited right to enter, view, and use this Platform and/or avail Services.

Definitions

“Account” shall mean the account created by the Customer on the Application for availing the Services provided and facilitated by MakerVidya.

“Applicable Laws” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, government approval, directive, guideline, or any interpretation, policy or administration having the force of law in India, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter, and the word “Laws” shall be construed accordingly.

“Application” shall mean the mobile application “MakerVidya” as updated by the Company from time to time.

“Content” shall mean any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.

“Class” shall mean the educational class made available through the Platform.

“Customer / You / User” shall mean the natural person who has gained access to the Platform by providing Registration Data while registering for Services.

“Intellectual Property Rights” shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.

“Registered Users” shall mean the users that have registered on the Platform by creating an account and furnishing Registration Data. In the case of parents/guardians making and controlling User accounts for their wards, the parent/guardian shall be deemed to be the Registered User.

“Non-Registered Users” are the users who have not registered on the Platform but may access some limited information.

“Registration Data” shall mean the mandatory and optional data that is submitted by Users as may be required by the Company from the Users from time to time for registration.

“Service(s)” shall mean the services provided and facilitated by MakerVidya through the Platform, including without limitation, the Class.

“Service/Class Fee” shall mean such amount in Indian Rupees, which is reflected on the Platform, as the consideration payable to the Company for the access availed by the User.

“Trainer” shall mean a member who has been selected by the Company to provide services through the Platform.

“Terms”, “Terms and conditions”, “Policy”, etc., shall mean the entire Terms of Use and all parallel policies that apply for the use of our Platform or availing our Services

“Your Content” shall mean any content submitted by way of registration or in connection with use of the Platform or for availing Services.

“MakerVidya” or “us” or “we” or “our” shall mean Wonksknow Technologies India Private Limited.

Privacy Policy

Our General Privacy Policy is separately available on the Platform and can be perused by you at your convenience here: https://makervidya.com/privacy

Features/Functionalities of the Platform

The Company offers the following features for Parents on the mobile applications:

Accessing free content;
Signing up for free evaluations, paid class;
Creating and managing a student account;
Managing the said student’s class schedule;
Cancelling classes;
Scheduling make up classes; and
Submitting support tickets;

The Company offers the following features for students on the mobile applications:

Access to free content;
View lessons/assignments; and
Launch classes (web portal alone).

Non-Registered Users are provided access to free content only upon downloading the mobile applications. Once Users register for classes, they may access additional features. Students with active subscriptions alone may attend the class or access the relevant materials.

Eligibility

You must be of legal age to enter into a binding agreement in order to accept the Terms.

Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Platform.

If you are below 18, your parent or guardian shall create your Account and help you enrol in Class. By accessing or using the Platform, you represent and warrant that you are 18 years or older. In the case of parents/guardians making and controlling User accounts for their wards, the parent/guardian shall be deemed to be the Registered User.

Registration as a User

The browsing of the Platform, including the Services offered therein, is available to registered Users.

In the event you are merely downloading the mobile applications, you will be asked to provide your name, email id, student age and mobile number to access free content. In the event you are registering on the Platform you are required to provide accurate and complete information sought by MakerVidya. As part of the registration process, you will provide and verify your e-mail address, name, mobile number, the student’s name, age, and place of study, (“Registration Data”). Your account id and password, and those relating to the student, form your credentials for accessing your account and the Services and must not be shared with any other natural or legal person.

You represent and warrant that all information you supply to us, about yourself, and others, including Registration Data, is true and accurate. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.

By providing Registration Data, you agree to undergo a Registration Data verification process which may include you providing One Time Password / OTP to verify your e-mail id and mobile number using the verification link sent to the e-mail address and mobile number you provide as part of Registration Data.

It is hereby reiterated that all data you provided, including without limitation, Registration Data, shall be subject to the terms set forth in our Privacy Policy, and you represent and warrant that you have the absolute right and authority to provide such data.

In the event you find any content on the website which you deem is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, against any religious beliefs, spam, potentially infringing or is not authorized by the intellectual property rights owner or is violative of any applicable law, you are requested to report such content to [●]. On receiving such report, the company reserves the right to investigate and/or take such action as the company may deem appropriate.

User Account

You are allowed to create and operate only one Account using the Registration Data. In case You are unable to access Your Account, or suspect any unauthorized use of Your Account, please inform Us at info@makervidya.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the resolution of your request.

You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned, or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

If your Account has been compromised or we have reasonable grounds to suspect that your Account has been compromised, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.

Services

MakerVidya will list various online Classes and the details about the Class, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the sessions and pricing and related rules and financial terms on the Platform, and allows Users to enrol in Classes offered by the Trainers.
With respect to the Platform, the User acknowledges that MakerVidya may display/provide you with a list of Classes/Trainers that may be suitable, based on the information that you provide. The display is an automated computation of the various factors including inputs made by the Users. Such factors may change from time to time, in order to improve the display algorithm. You are ultimately responsible for choosing the Class you wish to avail.
MakerVidya selects Trainers to be featured on the Platform based on the information provided by such Trainer, which may not have been verified by MakerVidya, and does not recommend or endorse any Trainer that may appear on the Platform.
We may but shall be under no obligation to have information provided by the Trainers, including Class content, reviewed by our editorial personnel. It is hereby expressly clarified that, the information that you obtain or receive from MakerVidya, and its employees, contractors, partners, advertisers, licensors or otherwise is for informational purposes only.
MakerVidya shall in no way liable for any deficiency of service that may arise which includes but is not limited to, services not meeting expectations of the User, or negligence by the Trainer. You agree that you waive any claims against MakerVidya in this regard, and to the extent such waiver may be ineffective, you agree to release any claims against MakerVidya relating thereto.
By using the Platform or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or Trainers shall be limited to a claim against the particular Users/Trainers alone. You agree not to attempt to impose liability on or seek any legal remedy from the Company with respect to such actions or omissions.
You shall not use the Services in contravention of the law. In the event you do so, you shall be liable to pay a fine and we shall additionally have the right to take such steps as may be available to us under Applicable Law, including suspension or termination of your Account.
MakerVidya reserves the right, at any time and without prior notice, to remove or disable access to any User for any reason, that MakerVidya, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform or the Services.
You release and indemnify us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users/Trainers on the Platform and specifically waive any claims that you may have in this behalf under any applicable law.
We will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the services by MakerVidya jointly and/or severally with the party/parties in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
In the event you have concerns over any Trainer service you have availed or the Trainer that has provided the service to you, you shall report such concerns to us within 7 (seven) days of the happening of the event/issue through the Complaints Policy as set forth in these Terms, failing which, such concerns will not be addressed. Any issue reported on channels other than the above may be addressed by MakerVidya only on a best-effort basis.

Disclaimer: DUE TO SOME TECHNICAL ISSUES, TYPOGRAPHICAL OR HUMAN ERRORS, IMAGES, POSTS, VIDEOS, CLASS DESCRIPTIONS, PRICES, USER/TRAINER DETAILS, AND ANY INFORMATION RELATED TO USERS/TRAINERS/CLASSES OR CONTENT MAY BE INCORRECTLY REFLECTED ON THE PLATFORM. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE RELIANCE PLACED ON SUCH INCORRECT INFORMATION. WE ASSUME THAT THE TRAINERS LISTED ON THE PLATFORM ARE AUTHENTIC AND ACCURATE AND THAT USERS HAVE THE AUTHORITY TO CARRY ON THE TRANSACTIONS ALLOWED, FACILITATED, OR OTHERWISE ACCESSIBLE ON OR THROUGH THE PLATFORM.

Class Fees, Additional Services

You may make payments of the Class Fees through the Platform. The initial class fees shall be made at the end of the enrolment form.
You may, from time to time, make payments to us as part of your use of MakerVidya services (including for the provision of MakerVidya or provision of certain additional features within MakerVidya).
In the event any payment is due, your access to our Services will be disabled till such time as the payment is made.
We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments).
You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of items and products are subject to change.
At the end of each purchase, MakerVidya shall provide You with a receipt of the total Fee which will include any Additional Fee and/or Cancellation Fee payable by you towards a previous transaction.
Subject to mandatory applicable laws and regulations or as otherwise specified by us for a particular item or product within MakerVidya, in no circumstances will we be required to provide a refund for any payments made by you to us in relation to any items or products within MakerVidya (whether used or unused).
Further, you agree that we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

Payment Mechanism

To process financial transactions, we may use third-party electronic payment processors or service providers (ESPs). You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.

Any information entered by the User when transacting on the Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by, or retained by the Company in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

The User is hereby expressly made aware that his/her financial statements will reflect that a payment has been made in favour of the Company. The User is further aware that in case of Third-Party statements including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.

Users are requested to provide valid, accurate and complete information about your identity, payment account details (Card information, Bank account information, and wallet credentials), Biller information and the payment information (payment amount and transaction description). The Company reserves the right to terminate User account or refuse your current and future use of Service in case your information found suspicious.

The Company assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction owing to any one or more of the following circumstances;

If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid.
If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
If your bank or the wallet service refuses or delays honouring the Payment Instruction(s)
If payment is not processed by biller upon receipt.
If the User crosses transaction limit/amount limit decided by wallet services, payment gateways and banks.
Circumstances beyond the control of the Company, including natural calamities, issues with payment system, power failures etc.

If money gets deducted from the User controlled account/wallet and the payment is not reflected in the User’s account pertaining to the Platform, the User is requested to contact us at info@makervidya.com. Your payment will be reflected within 48-72 hours if the transaction is successful at the payment gateway partners. If your payment status is not updated in the given time frame, please contact the bank for further enquiries. The Company does not take responsibility for such cases and payment will reflect in your bank account as per relevant Bank's policies.

Fees and Payment

Tuition:

MakerVidya follows 4-week tuition cycles. That means there is a subscription fee for every 4 weeks from the class start date. Start date is the date of first-class after the evaluation class. 4-week subscription includes one 50 minutes class per week for those attending online.

Tuition is due 2 weeks before the start of each cycle.

Late Fee of 10% per month (compounded) will be charged for late payments.

Tuition fees for different levels is listed below: (there maybe promotional discounts offered from time to time.) *All prices include GST.

For every 4 weeks which covers one 50-minute private one-to-one lesson per week.

Level 1 (Python):

1:1 Private Class: INR 7500/-

2:1 Group Class: INR 4900/-

4:1 Group Class: INR 3100/-

Level 2 (Circuit Magic, Raspberry Pi and PyGame):

1:1 Private Class: INR 8200/-

2:1 Group Class: INR 5400/-

4:1 Group Class: INR 3400/-

Level 3 (Adv. Robotics, UI Dev and Databases):

1:1 Private Class: INR 8900/-

2:1 Group Class: INR 5900/-

4:1 Group Class: INR 3700/-

Level 4 (Full Stack Web and App Development)

1:1 Private Class: INR 9600/-

2:1 Group Class: INR 6400/-

4:1 Group Class: INR 4000/-

Level 5 (Machine Learning and AI)

1:1 Private Class: INR 9600/-

2:1 Group Class: INR 6400/-

4:1 Group Class: INR 4000/-

For those who opt for more than one class a week, additional classes will be charged at the same rate as mentioned above.

Payment options:

All customers are required to have credit card on file with automatic recurring billing. For those on 4-week cycle billing, card will be charged 2-weeks before the first day of each cycle. Customer is responsible for making sure that card on file is not expired and transaction is not denied. Delay in processing payment due to expired card or denied transaction may lead to late fees being charged.

Late Fees:

Tuition will be considered late if payment is made after the due date. Due date is due 2 weeks before the start of each 4-week cycle. Late Fee of 10% per month (compounded) will be charged for late payments, but shall not exceed the maximum permitted by law.

Registration fee:

There is a INR1000/- registration fee. Registration fee is currently waived for new students.

Cancellation, Missed Classes, and Withdrawal

Notification about missing classes:

Please notify us about you missing the classes as early as possible so that your spot can become available for others to use. We have created an online class rescheduling system on the Parent Portal where you can mark a class as "Can’t Make It" up to 24 hours before the scheduled class time and secure a make-up credit. Classes missed without notification will not be eligible for a make-up class (or refund).

Online Scheduling of Make Up Classes:

Our online class scheduling system will display the number of make-up credits available and you will be able to self-schedule make up classes by picking from one of the options available. Suitability of make-up options is not guaranteed. Make-up options are based on availability. Those concerned about suitability of make-up class time, day should check available make-up options before canceling the class.

Make up credit accrual and validity:

Make up credits are valid for 9 days from the originally scheduled class date. Make up credits are valid only while a person is fully enrolled and are current on tuition payments. All make up credits expire on the enrollment termination date. Make-up credits are for make-up classes only and can be only be used for attending additional classes while the Student is already attending at least one subscribed class a week for that subject.

No prorating or refunds of fees:

To encourage regularity and for cash flow predictability, MakerVidya does not prorate fees for classes missed or offer refunds or credits. Please use the Parent Portal to secure make up classes.

To terminate enrollment:

2 weeks’ notice is required to terminate the enrollment. To terminate enrollment please follow the instructions on the portal. The termination date needs to be set at least 14 days more from the email date. If termination date is not mentioned or the date mentioned is less than 14 days from the email date, termination date will be perceived as 14 days from email date. Customers will be billed for all classes till the termination date.

Re-enrollment after withdrawal is subject to registration fee.

Holidays:

MakerVidya is closed on all major national holidays. Please check the holiday schedule on the portal. You will be assigned make-up credit for all classes missed due to holidays. Makeup credit validity for these credits will be at least 30 days from the original class date. There will be no prorating of tuition due to holidays.

User Obligations

You are a restricted user of this Platform.

You are bound not to cut, copy, distribute, modify, recreate, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.

You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform are hereby expressly prohibited.

In places where this Platform allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. In the event you are asked to review any service, you agree to be fair, accurate and non-disparaging while leaving comments, feedbacks, testimonials, or reviews on or about the services.

You undertake not to host, display, upload, modify, publish, transmit, update, or share any information that:

belongs to another person and to which the user does not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright, or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or
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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

The User shall not:

Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others;
Engage in any activity that interferes with or disrupts access to the Platform or the servers and networks which are connected to the Platform;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, distribute, or otherwise make available content that contain viruses, corrupted content, or any software or program that may damage the operation of the Platform or another’s operation of the Platform;
Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of the Platform, including any User Account not owned by you, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, as provided for by the Platform;
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform, or any affiliated or linked sites;
Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this section;
Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Publish, post, disseminate information that is false, inaccurate, or misleading;
Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers/service providers.

By using the Application or the Service, you further agree that:

You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
You will provide MakerVidya with such information and documents which MakerVidya may reasonably request;
You will only use an authorized network to avail the Service; and
You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent.

We reserve the right to immediately terminate the Service and the use of the Platform in the event of non-compliance with any of the above requirements.

We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons.

Communications

By using this Platform, you consent to receiving calls, messages, videos, instant messages, images, and data from us, and/or Trainers at any time, on the telephone number / contact information you have provided.

You also agree that we reserve the right to make your details available to our affiliates and partners and you may be contacted by the affiliates and partners for information and for sales through email, telephone and/or SMS. You agree to receive promotional materials and/or special offers from us through email or SMS or telephone or whatsapp.

The consent to be contacted is for purposes that include but are not limited to clarification calls and marketing and promotional calls.

You agree and permit MakerVidya to share any information provided by You with other Users or third parties in order to facilitate provision of services offered by such users of third parties to You. You hereby expressly consent to receive communications from MakerVidya / other users, or third parties offering services to You through Your registered phone number and/or e-mail id and/or the Platform. You agree that You will not hold MakerVidya responsible for any such communications, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.

The sharing of the information provided by you is governed by the Privacy Policy. You hereby unconditionally consent that such communications via SMS, Chat and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India.

You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

In the event you do not wish to be contacted as set forth in this section and as set forth in the Privacy Policy, you may opt out by contacting us at info@makerviyda.com . Further, you may unsubscribe from our mailing list by clicking the unsubscribe button provided in the mails.

Trainer Information and Class Content

All text, graphics, photographs, trademarks, logos, and artwork collected from publicly available information pertaining to Trainers or those provided by Trainers, including Class content (collectively, “Trainer Content”), is third-party generated content and we have no control over such content as we are merely an intermediary for the purposes of this Terms of Use.

Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is prohibited.

Intellectual Property Rights

This Platform and the Information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, but excluding User Content and Trainer Content, is the sole and exclusive property of the Company and/or its licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary.

You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the company’ proprietary information.

There are a number of proprietary logos, service marks and trademarks found on this Platform whether owned/used by the Company or any other third party. By displaying them on Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks.

From time to time, the Company may post comments or articles on the Platform. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, amending, or editing such articles. In the event you have an issue with any article so posted, you may report the same via mail and we may look into it. We are under no obligation to remove such articles and the final decision lies with us.

We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.

We give you permission to use the aforementioned content in accordance with these Terms and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever, save as set forth in these Terms. The Company does not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by the Company are retained by the Company.

From time to time, our Platform may have external links connected to other websites of Third Parties. We are in no way liable for the information found on the external websites. External websites may have their own policies and we are in no way responsible for any loss or damage cause by them to you. You are advised to use your own discretion in the navigation and use of external websites.

Infringement of IPR

We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation, and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact [●].

Your Content

When you submit, upload, transmit or display any data, information, photograph, video, text, resume or other content in connection with your use of MakerVidya, you understand and agree that:

you will continue to own and be responsible for Your Content;
your Content will be shared with other users of MakerVidya;
you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve MakerVidya and our other services, including new services that we may provide in the future;
in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide by all distribution methods, including those that are developed in the future;
we may share Your Content with third parties that we work with to help provide, promote, develop and improve MakerVidya, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to MakerVidya);
we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
you will comply with these Terms in your submission of Your Content.
You are prohibited from posting and agree not to post any prohibited content as determined by company, in its sole discretion and which includes, without limitation: Sexually Explicit Material, Violence and Bullying, Hate Speech, Sensitive Events, Unlawful Activity, IP Infringement.

You grant MakerVidya, its affiliates and concerns a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to store, display, reproduce, and distribute your User Content on the Platform for the purposes of operating, developing, providing, and using our Services. Nothing in these Terms shall restrict other legal rights we may have to User Content under other licenses. We reserve the right to remove User Content for any reason, including a violation or an apparent violation of these Terms or our policies, as we may solely determine.

Following termination or deactivation of your account, or your removal of any User Content from the Platform, we may, but shall not be bound to, retain such Content for a commercially reasonable period of time for backup, archival, or audit purposes. It is specified that the Company shall have the right to remove all User Content following termination or deactivation of your account.

In addition, you agree that we and our affiliate companies (subject to these Terms, our MakerVidya Privacy Policy and applicable laws and regulations):

are allowed to retain and continue to use Your Content after you stop using MakerVidya – for example, where you have shared Your Content with other users of MakerVidya;
may be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
may need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of MakerVidya.

You understand that even if you seek to delete Your Content from MakerVidya, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via MakerVidya.

We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.

You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.

You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

MakerVidya is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in MakerVidya Privacy Policy.

Disclaimer of Warranties and Liabilities

WE PROVIDE THE PLATFORM AND THE SERVICES 'AS IS', 'WITH ALL FAULTS' AND 'AS AVAILABLE'. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.

WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY USER/TRAINER OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE, OR PLATFORM ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OR OBTAINED BY YOU FROM OR THROUGH US OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

Indemnification and Limitation of Liability

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS PLATFORM INCLUDING BUT NOT LIMITED TO THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, (I) ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE; (II) YOUR VIOLATION OR BREACH OF ANY TERM OF THESE USER TERMS OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; AND/OR (III) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING THOSE OF THE TRAINERS. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS ARISING DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE PLATFORM, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS, BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PLATFORM, SERVICES OR MATERIALS.

WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS UNDER THIS USER TERMS, IF THE PERFORMANCE IS PREVENTED, HINDERED OR DELAYED BY A FORCE MAJEURE EVENT AND IN SUCH CASE OUR OBLIGATIONS UNDER THIS USER TERMS SHALL BE SUSPENDED FOR SO LONG AS THE FORCE MAJEURE EVENT CONTINUES.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAKERVIDYA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF RS. 1000/- (RUPEES ONE THOUSAND ONLY).

IF APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY EXCLUSIONS AND THE EXTENT OF THE LIABILITY OF MAKERVIDYA SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Term, Termination, Survival

This Agreement shall become effective from the date of registration of the User account and shall continue in effect thereafter unless terminated as set forth below:

You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Platform. You can close Your Account at any time by contacting us at info@makervidya.com.

MakerVidya is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Platform and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of MakerVidya, misuse the Platform or the Service. MakerVidya is not obliged to give notice of the termination of the agreement in advance. After termination MakerVidya will give notice thereof in accordance with these User Terms.

Termination of this agreement will not prejudice accrued rights of either MakerVidya or You

Any terms or conditions of this Agreement which by their express terms extend beyond termination or expiration of this Agreement or which by their nature will so extend will survive and continue in full force and effect after any termination or expiration of this Agreement.

Application Terms

Subject to Your compliance with these User Terms, MakerVidya grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Platform.

Upon download and installation of the mobile application, you grant the following permissions to the application to perform the following actions on the device you have installed the application on:

to retrieve information about the device;
to retrieve information about other applications running on the device the application has been installed on;
to access information about accounts on the device;
to read from, write on, modify, and delete data pertaining to contacts on the device;
to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
to determine your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
to determine your exact location from sources such as, but not limited to GPS;
to access the model number, IMEI number and details about the operating system of the device the application has been installed on, as well as the phone number of the device;
to detect when the device had been switched off and switched on and to identify the status of the device;
to read from, write on, modify, and delete data pertaining to the application on the device’s hard disk and/or external storage;
to read from, write on, modify, and delete data pertaining to Photos / Media / Files on the device’s hard disk and/or external storage;
to access the camera on the device and record photographs and videos;
to access the microphone on the device and record audio;
to access and change the display and sound settings of the device;
to capture audio output;
to interact across users on the device;
to pair with Bluetooth devices;
to run at start-up of the device;
to draw over other apps on the device;
to control vibration of the device; and
to prevent the device from sleeping.

Dispute Resolution

All disputes between the User and the Company arising from the use of the Platform by the User shall be resolved at the first instances, through tickets on the support system, and in the second instance through emails. In the event the dispute still prevails, the parties shall resolve it through mediation, failing which the dispute shall be referred to binding arbitration by a Sole Arbitrator. The Sole Arbitrator shall be jointly appointed by the Company and the User. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in Bengaluru, Karnataka, and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.

The Courts in Bengaluru, Karnataka, shall have the jurisdiction for all suits arising out of or in connection with this Agreement.

Any grievances, issues, queries, complaints, or information that you wish to communicate to us can be addressed to our Grievance officer at info@makervidya.com.

Miscellaneous Terms

The company reserves its exclusive right in its sole discretion to alter, limit or discontinue the Platform or any material posted herein, in any respect. The company shall have no obligation to take the needs of any user into consideration in connection therewith.
The company reserves its right to deny in its sole discretion any user access to this Platform or any portion hereof without notice.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
No waiver by the company of any provision of these Terms shall be binding except as set forth in writing and signed by its duly authorized representative.
From time to time, the Platform may automatically check the version of the mobile application installed on the device of the User and, if applicable, provide suitable updates (hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the application. By using the Platform, you authorize the automatic download and installation of Updates and agree to download and install Updates manually, if necessary.
MakerVidya reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms.
MakerVidya shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when MakerVidya last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. MakerVidya may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
MakerVidya may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in MakerVidya’s account information.
We may translate these Terms into multiple languages, and in the event where there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).

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