Terms of service

Terms of Service

Welcome dear members, users, mentees, mentors and clients and thanks for being here, if you are reading this section of our content it means you are already a loyal MGrow subscriber or rather interested in us, so thanks for being here. We intend to provide great mentoring services and to help grow startup and established businesses into their full potential with our services and our great mentors.

We, MGrow Education (OPC) Private Limited, registered under the Companies Act 2013 and having its registered office at “H.No. 12A-402, Emaar Palm Hills, Sector 77, Gurugram, Haryana, 122004”, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).

The Company ensures steady commitment to Your usage of the Platform and privacy with regard to the protection of Your invaluable information. This document contains information about the Website and domain “www.unschool.in” (hereinafter referred to as the “Platform”).

For the purpose of these Terms of Use (“Terms” or “ToS”), wherever the context so requires,

"MGrow", “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Company, as the context so requires.“You”, “Your”,
“Yourself”, “User”, shall mean and refer to natural and legal individuals who use the Platform and who is competent to enter into binding contracts, as per Indian laws.
“Services” shall refer to providing a platform for users of the platform to host their online courses and earn an agreed fixed amount and royalty for each sale the users can access the content through videos, texts, and slides. The detailed explanation shall be provided in Clause 3 of these Terms of Use.
“Third Parties” refer to any Application, Company or individual apart from the mentee, customer, User, and the creator of this Platform. It shall include such payment gateways as partnered by the Company.
The term “Platform” refers to the Website/Domain created by the Company which provides the Client to avail services of the Company thru the use of the platform.
The term “User” refers to the individuals, institutes or companies who will be using the platform to post their teachings and who are using the platform to be mentored or learn from the videos that have been uploaded or through the mentorship provided to them by our mentors.
The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy and other policies as listed on the Platform, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the User does not adhere to the changes, You must stop using the Services at once. Your continued use of the Services will signify your acceptance of the changed terms.
We do not endorse any of our members, users, mentees, mentors and clients although we require that accurate information is provided from all third parties we cooperate with and or use our services. We are not a party to any agreements entered into by mentors and mentees and we do not have control over their conduct nor responsibility for information or advice exchanged between mentors and members. You understand that we will not be liable for any loss or damage caused by your reliance on information provided from our website or services.

We will try not to be too lengthy, but you do need to ensure you have read our ToS and agree to be bound by them once you access or use our website. If you do not agree, then please do not use our website and services. Our services are intended solely for persons who are 18 or older. Any access to or use of our website or services by anyone under 18 is expressly prohibited.

Once you access the content of our website, it is understood that you have accepted the ToS as outlined here and that you are over the age of 18 to form legally binding contracts.

Our Provision of Service are divided in Mentorship Model and Course Model

Mentorship Model:

Provision of Service

Our website is a platform where mentees are able to connect directly with expert growth marketers for advice and mentoring. Users are able to browse our website but if you wish to use our services you must register with us.
We reserve the right to refuse or restrict services to anyone or to any jurisdiction for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our services, use or access to our services without express written permission by us.
We reserve the right at any time to modify or discontinue any part or content of our services without notice at any time.
You are not permitted to transmit any viruses or other malware to or via our website.
You may not use our services for any illegal or unauthorized purpose nor violation of any international or jurisdictional laws.
A breach or violation of any of the ToS will result in an immediate termination of your services.
Any new features or tools which may be added to our website are also subject to these ToS.
You can refer to the most up to date ToS at this page. We reserve the right to update, amend or replace any part of the ToS. It is your responsibility to check our website for changes. Your continued use of our website is considered as acceptance of the current or amended ToS.

Our Accuracy of Information

We are very meticulous in ensuring that we provide an accurate portrayal of the knowledge and skills of our mentors and advice or information on our website.
We hope and anticipate that any services you buy are to your expectations.
In the unlikely event you feel that a service was not delivered in accordance with your expectations, or, in case you notice any omissions or inaccuracies on our website relating to our services descriptions, availability or promotions, please contact us at MGrow in order for us to resolve the issue at info@mgrow.club
We do not undertake to update or amend any details included in our website, unless stipulated by law and are not responsible for inaccurate, incomplete or out of date material.
Our website may include or refer to historical information, such information is for reference only and whilst we endeavour to ensure the majority of our content is current, complete and accurate we have no obligation to update information on our website.
The material on our website is provided for consideration and as general information. We recommend that a number of sources of information are considered and referred to prior to any decision making. Any reliance on the material on our website is at your own risk.

User Conduct

We welcome and encourage you to provide feedback, comments and suggestions for improvements to our website and services at info@mgrow.club
If you post comments on our website, you agree that these do not violate any rights of third-parties, including copyright, trademark, privacy or proprietary rights. Your comments will not contain unlawful, abusive or inappropriate material. You may not mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You are not allowed to use our website for any unlawful purpose or to solicit others to take part in any unlawful activities derived from international or jurisdictional regulations. Harassment, intimidation or insults are not permitted on our website. You may not transmit or upload any virus or other malware that could in any way affect the operation of our services or to spam, phish, scrape or crawl.
We reserve the right to terminate or restrict our services or any related website for violating any provision in the ToS.
We endeavour, but have no obligation to, monitor, edit or remove inappropriate content.

Our use of Personal Information and its transfer

You understand that details provided by yourself may be transferred via international networks and may be subject to format adaptions in order to enable such transfers.
Payment information will only be transferred in encrypted formats.
Your submission of personal information through our website is subject to our Privacy Policy, for reference, follow the link here - https://mgrow.club/policies/privacy-policy

Our links with Third Parties

Where we cooperate or actively promote a third party, we will stipulate this clearly on our website.
Certain content and services available via our website may include material from third-parties. We are not responsible for monitoring or evaluating the content of such third party websites and do not undertake any responsibility for any third-party materials, websites or links to not affiliated third parties.
We may offer you access to third-party tools, any use by you of such tools is entirely at your own risk and we shall have no liability whatsoever arising from or relating to your use of them.
We are not liable for any harm or damages related to the use of services, resources, content, or any other transactions. Any complaints related to third party services must be directed to the relevant third party. If you deem that the third party has not responded to you in a timely or fair manner, then please contact us at support@MGrow.com.

COMMUNICATION

By using this Platform and providing his/her identity and contact information to the Company through the Platform, the Users hereby agree to receive calls, SMS & WhatsApp messages from the Company and/or any of its representatives at any time, and this consent overrides any registration for DNC / NDNC.
Clients can report to “info@mgrow.club” if they find any discrepancy with regard to Platform or content-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any Product purchased by the User on the Platform or anything pursuant thereto and the Users agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.

Our Pricing

MGrow Mentorship Model is a subscription based community that offers a suite of value added services to its members such as access to mentors, access to the help request feature, and access to a private Slack community.
Subscriptions are to be associated to a single entity or person and cannot be shared with others. Sharing MGrow services with a non-registered person will result in a suspension of services.
The pricing of our services may change, at any time without prior notice and at our discretion. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our services.

Fees for Mentors

The amount due and payable to a mentor is agreed between the mentor and us at the start of our cooperation and prior to a mentor being listed on our website. These fees will be listed on the website in Indian Rupee, and quoted as in the session length listed (15 min, 30 min or 60 min).
We will collect a percentage of the mentor fee directly from the payment received from the mentee and remit the remaining monies to the mentor via Stripe in Indian Rupee. Our current fee for mentors is 20%. Service Fees are non-refundable.
In case of any changes to our fees or methods of payment, we will notify you in writing prior to effecting any changes.

Fees for Mentees

You undertake to pay the fees charged to you for completed sessions.
Once a session is booked, we or our authorized third party payment processor will collect the fees payable via your credit card, debit card, internet banking or through any other payment process. In order to process your payment, you will be asked for billing information including name, billing address and your payment details. We will ensure that in case payments are processed by a third party these are via a secure payment method. Please note that where transactions are undertaken by a third party processor the terms and conditions and privacy policy which apply to the processors services will be applicable to your transaction. Please review the third parties’ terms and conditions and privacy policy before using the services. You must also check if your credit card provider charges fees related to the payment of these services. We disclaim liability for credit card processing transactions charged to you by your provider.
You agree to provide current, complete and accurate billing information, including your email address, payment information, so that we can complete your transactions and contact you as needed.
At the booking of a session you authorize us to charge you to collect the fees listed in relation to your selected Mentor on our website.
If you do not attend a paid call and the mentor was present, this session will count as completed.

Fair Usage Policy

At our discretion, we may implement a fair usage policy to ensure that all our mentees have access to our mentors and to prevent any single user from monopolizing their time. A cap of 20 sessions per month will be automatically activated after a mentee has requested more than 100 sessions within a 6-month period. However, if a mentee has a valid justification for why they need to request more sessions, they may appeal the cap. We reserve the right to review and assess each appeal on a case-by-case basis, and our decision will be final.

Non-Circumvention

All mentorship sessions are to be scheduled within the MGrow platform. It is a breach of the terms of service for mentors or mentees to suggest making or receiving a payment outside of the MGrow platform for services rendered and connections established via the MGrow platform.

Subscription Details

Your subscription will automatically renew unless you cancel your plan at least 24 hours before the end of the current subscription period.
Your account will be charged for the renewal within 24 hours prior to the end of the current subscription period. Automatic renewals will cost the same price you were originally charged for the subscription (unless there was a promotional offer included).

Refunds

Please refer to our Refund policy here: https://mgrow.club/policies/refund-policy

Severability

In the event that any provision of these ToS is deemed to be unlawful or unenforceable, the provision shall remain applicable as permitted by law. Any provision deemed void will be removed from the ToS without affecting the validity of the remaining provisions of the ToS.

Termination

Termination of the ToS is either where you cease to utilize our services or where you notify us that you no longer intend to use our services.
We also reserve the right to amend or update these ToS. We may terminate the provision of our services without notice where we suspect that any provision in the ToS has not been complied with. Any monies owing by you at the time of termination must be paid in full.

Membership Termination

To cancel your membership, you need to log into the billing area in settings and select ‘cancel subscription’.

Attendance Policy

Administration has the right to revoke membership when attendance issues arise. Members must respect the time of the mentors and schedule responsibly.

Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms

Defamatory Reviews

We reserve the right to remove reviews that do not meet minimum quality standards, including, but not limited to, those that have been copied from other sources, include defamatory comments, or indicate a punitive nature and intent.

Limitation of Liability

We do not guarantee that our services will be uninterrupted, timely, secure or error-free. You accept that occasionally our services may be removed without prior notice.
In no case shall we, our officers, directors, service providers, contractors, employees and agents be held liable for any injuries, losses, claims, or any direct, indirect, incidental or consequential damages of any kind, including, without limitation lost profits or revenue, loss of data, loss of goodwill, replacement costs, service interruption, system failure or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services procured from us including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our services or content.
We do not warrant that the results that may be obtained from the use of our services will be accurate or reliable and will not be held liable for communications or interactions with other third persons or parties with who you may communicate or interact with as a result of your use of our website.
Our liability shall be limited to the maximum extent permitted by law. In no event will our aggregate liability arising out of or in connection with these ToS exceed the amount you have paid or owe for sessions arranged via our website in the 12 month period prior to the event giving rise to the liability or INR 5000.

Indemnification

The Users of this Platform agree to indemnify, defend and hold harmless the Company/Platform, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costsand 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, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed pursuant to these terms of use. Further, the User agrees to hold the Company/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:

User’s use of the Platform,
User’s violation of these Terms and Conditions;
User’s violation of any rights of another;
User’s alleged improper conduct pursuant to these Services;
User’s conduct in connection with the Platform;
User agrees to fully cooperate in indemnifying the Company and the Platform at the user’s expense. The user also agrees not to reach a settlement with any party without the consent of the Company.

In no event shall the Company/Platform be liable to compensate the User 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, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision.
These ToS and any other operating rules on our website constitutes the entire agreement and an understanding between you and us and govern your use of our services which supersedes any prior written or oral agreements between you and us (including earlier versions of the ToS).
Any ambiguities in the interpretation of these ToS shall not be construed against the drafting party.

Governing Law

These ToS are governed by and construed in accordance with the laws of India.

FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Haryana, India.
The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to “support@unschool.in”.

MISCELLANEOUS PROVISIONS

Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein

Course Model

REGISTRATION

Registration is mandatory for all Users in order to use the platform or even view the services online
The Users are also provided with an option to link their Facebook/Google accounts with the Platform at the time of their registration in order to smoothen the process of registration.
Registration for this Platform is available for all age groups, barring those “Incompetent to Contract” which inter alia include insolvents with an exception to Minors.
Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any hereinbelow use of your account.

PLATFORM OVERVIEW

The platform operates under the domain name of “https://www.mgrow.club”. The platform is a market-place for everyone who has the knowledge to share or a skill to teach, to coach inspired individuals or companies wanting to learn. Learning should never cease to be part of life. Hence, we aspire to have teachers come host courses on our platform and coach a generation of learners. We at MGrow, believe that teaching is not meant only for conventional teachers, but in the idea that anyone and everyone can teach (and learn).

ELIGIBILITY

The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by Platform and the Platform have control over it and assures a reasonable quality, the accuracy, integrity or genuineness of products sold on the Platform.
All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
The Users are solely responsible for the integrity, authenticity, quality and genuineness of the feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.

TERM

These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms.
The Users may terminate their use of the Platform at any time.
The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.

TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Platform, or any portion thereof, at any time, without notice or cause.
The Platform also reserves the universal right to deny access to particular Users, to any/all of are on its Platform without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

COMMUNICATION

By using this Platform and providing his/her identity and contact information to the Company through the Platform, the Users hereby agree to receive calls, SMS & WhatsApp messages from the Company and/or any of its representatives at any time, and this consent overrides any registration for DNC / NDNC.
Clients can report to “info@mgrow.club” if they find any discrepancy with regard to Platform or content-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any Product purchased by the User on the Platform or anything pursuant thereto and the Users agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.

PAYMENT CHARGES

The User viewing the services listed on the platform is free of cost however any such services availed by the User through the platform shall be subject to payments and the User is bound to make a payment to the company. The Company has third party payment gateways like

Google Pay Business
Stripe payment gateway

The Company will not be liable for any credit or debit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, the Company regularly monitors transactions for fraudulent activity. In the event of detecting any suspicious activity, the Company reserves the right to cancel all past, pending and future orders without any liability.
The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. The Company, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The Client agrees and acknowledges that they are a restricted user of this Platform and that they:

Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The Company is not liable if the User has provided incorrect information.
Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime through accessing their profile on the platform.
Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Company reserves the right to close your account at any time for any or no reason.
Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the Platform.
Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Platform or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform.
Expressly agree and acknowledge that the Content generated by the User and displayed on the Platform is not owned by the Company and that the Company is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Company from whom the Users are utilizing services.

The User further undertakes not to:

Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
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. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
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 Platforms;
Use the Platform or any material or content therein 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 any other third party (s);
Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;

Further:

The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
By indicating User's acceptance to purchase any product or service offered on the site, the user is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.
The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any such instances, the Company reserves all rights to cancel the current and future orders and block the concerned User account.
The User agrees to provide authentic and true information. The Company reserves the right to co-own and validate the information and other details provided by the User at any point of time. If upon information such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

belongs to another person and to which the User has no right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

is in any way harmful to minors;

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;

Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:
If the User is in breach any of these Terms or the Policy;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.

INDEMNITY

User’s use of the Platform,
User’s violation of these Terms and Conditions;
User’s violation of any rights of another;
User’s alleged improper conduct pursuant to these Services;
User’s conduct in connection with the Platform;
User agrees to fully cooperate in indemnifying the Company and the Platform at the user’s expense. The user also agrees not to reach a settlement with any party without the consent of the Company.

LIMITATION OF LIABILITY

The Founders/ Promoters/ Partners/ Associated people of the Company/Platform are not responsible for any consequences arising out of the following events:
If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
If the User has fed incorrect information or data or for any deletion of data;

If there is an undue delay or inability to communicate through email;

If there is any deficiency or defect in the Services managed by Us;
If there is a failure in the functioning of any other service provided by the Platform.
The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.

DISCLAIMER OF WARRANTIES AND LIABILITIES

The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
The Company/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

FORCE MAJEURE

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Haryana, India.
The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to “support@unschool.in”.

MISCELLANEOUS PROVISIONS

Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein