Privacy Policy


Service Agreement

This is a Service Agreement between you (the “User”, the “Instructor(s)”, the “Teacher” or “You”), and www.kloudmagica.com which in turn is owned, operated, and maintained, as deemed fit and necessary, by KloudMagica Infotech Private Limited (“KloudMagica”, the “Company”, the “Site”, the “Platform”, “We”, “Our” or “Us”), that describes your rights and obligations as well as applicable conditions  (the “Terms”) while using the services (the “Course(s)”), as  identified in section 1. The Site, Courses, and Services are, collectively referred to as the "Company Products”, or simply the “Products". You must review the entire Agreement as all of the terms are essential and together, create a legally binding agreement (once accepted by you) between You and the Company. Moreover, please note that we have linked other important documents and policies to this Agreement such as Terms of Use and Privacy Policy, consequently, you are strictly advised to go through the same as well.

 

1.  Scope of Agreement, Acceptance and Amendments

 

I  Scope

This Service Agreement applies to KloudMagica, the Site, the Services and hence, all the Company Products offered by us to the registered Users (the Instructor(s)) as well as Visitors (intended instructor(s)) of the Site.

II  Product/Service Description

Following is a summary description of KloudMagica and its core Services. KloudMagica is an e-learning platform that connects teachers/instructors with students/learners. The platform offers its Users, access to professional courses provided and uploaded by expert individuals (instructors) and KloudMagica admins (for instance, Big Data, Java, Hive, etc.). The courses thus available are imparted through live or recorded instructions in audio and video format by the instructors. The Instructors (also the “Uploaders”) can sell their courses via the website to registered students for a price range between as agreed upon and decided by KloudMagica. Please note that each instructor is hereby required to post quiz videos i.e. at least one course quiz and a final certification quiz, in addition to the tutorials. Doing so is mandatory for the respective course to be validated by KloudMagica. The students have the option to choose from a wide array of Courses that may include both, free of cost as well as paid Courses. Students desiring access to paid Courses will have to purchase the same via payment methods acceptable by the Company. The platform also provides dashboard tools to track the learning path enabling the User to gauge the extent of learning and progress.

Please note that the Uploaders/Instructors will be paid a fixed percentage of the total purchase amount, and the rest of the amount will remain with KloudMagica as commission, and to meet contingencies such as course cancellations and refunds, subject to the Refund Policy. Any Instructor creating and uploading their course after registering themselves agrees to the same by default.

III     Terms (Guidelines) to abide by when using the Services

We aim to create an efficient, safe and secure environment for our Users and therefore, we require our Users to abide by the Terms set forth in this Agreement while utilizing the Company Products. You must not use the Company Products in a way that infringes rights of third parties, including, but not limited to, wilfully harming a person or entity.

Provided below is a statement of important guidelines to be abided by the instructor in all circumstances, any direct/indirect violation of any the stipulated guidelines can lead to unconditional suspension or removal of such an instructor’s account.

Dear Instructor,

First of all, we (KloudMagica) would like to thank you for showing the interest. Our aim is to be the cheapest in the market with best quality so that even poor students can get the benefits.

Please go through the following guidelines before uploading tutorial videos.

  1. We are targeting self-paced and online classes

       2.  Prices will be decided as per video quality and content level- Our technical team will conclude the price. Our aim is to provide high quality tutorials at one of the cheapest prices in the market. We rely on the principle of supply and demand- as demand for such courses is high, the lower the prices, the more volume we (and you) are able to sell.

        3.  The instructor will get paid on the basis of per purchase of the course made by student(s). It means we do not pay on a monthly basis. For instance, If your course is purchased 5 different times, then you’ll get paid for each of those 5 purchases.

Our company will handle video hosting + accounting+ payment gateway+ money transaction for instructor (This will be chargeable as per payment gateway rule) + marketing and promotion

         4.   For each course you will have to prepare tutorials + course quiz + interview questions, all in audio/video format.

-For each video there should be few questions

-The quiz will have a fixed set of questions

- Interview questions should be given.

          5.  Length of each course shall not be less than 2 hours excluding quizzes.

For example: Suppose you want to teach on html/css, then you will be responsible to make html/css related videos + quiz + interview questions

    6    There should not be any copyright issues. It means you should not copy the content from the internet or from any other source that does not belong to you

      7    You can start creating the videos any time, but you can upload the video only after:

-Signing an agreement and sending in hard copy

-Uploading photographs

-Uploading Detailed Resume

-Uploading a detailed Video Resume

-Uploading Govt ID Proof and

-Uploading Address Proof

    8   The complete process will be legal so you will not have to worry about the payment.

    9   If you agree to the above mentioned guidelines, then you may request for the template to make the slides.

    10   You will have to start recording the video by verbally quoting "Welcome to the kloudmagica"

    11    There will not be any charge for the free courses and that will be the property of kloudmagica.

    12     Course should be on the latest version

    13   Before Creating the course, keep in mind that the course will be used by Engineers (Students + IT Professionals)

 

IV     Acceptance of this Agreement

By providing the option to subscribe, sign up, browsing, uploading and selling the Courses through this Platform, KloudMagica makes an offer to you. You must agree to these terms expressly via opting in through an “I agree”, or an option consisting of phrase similar to “I accept the terms in the service agreement” displayed on the GUI during the sign up and/or selling process. Doing so constitutes a valid and legally binding Agreement between you and KloudMagica. By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you confirm that you agree to abide by this Agreement, without any modification by you. If you don`t agree, you’re prohibited to access and use the Company Products.

V    Amendments to this Agreement

KloudMagica reserves the absolute right to change or amend the Terms of this Agreement at its own discretion, without limitation to, if:

    a)  It is necessary due to applicable law, including, but not limited to, a change of such law;

    b)  It is necessary due to an advice and/or order based on applicable law;

    c)  It is necessary from a technical point of view;

    d)  It is necessary to ensure the operation of the services.

We continuously work to improve the services, in order to improve or update its functionalities, introduce new features or adapt the services and may change the services or delete features at any time. We may release the services or features of the services in beta version, which may not work correctly or in the same way the final version may work.

The amended Agreement shall be posted on the Site and any revisions to the Terms are effective upon posting. You should visit this Service Agreement regularly to stay updated and ensure your continued acceptance of these Terms. Your continued use of the Company Products after any revision to these Terms constitutes your binding acceptance of the revised Terms. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

2.   User Account

      I   Creating an Account

To access Company Products and Services as an Instructor, you must provide a user name and password, along with other personal details (collectively referred to as the “Account”) that may include, without limitation, the following- full name, date of birth, address, education credentials, course(s) specialized in, copy of degree/diploma, etc.  You are responsible for keeping your account information and password confidential.

KloudMagica has a strict verification and screening process to verify intended user(s) as Instructor(s). This is order to ensure the quality of educational material made available to the registered students. Please note that such verification and screening process may entail background checks and interviews as deemed necessary by KloudMagica. By signing up and using our Site, you agree to the same.

      II   Issues Accessing the Account

In case you`ve forgotten your password or otherwise can`t access your Account, you can recover the same by resetting your password. We do not offer any guarantee that your Account will be restored or your content (as defined later) will be safeguarded.

3  Site Content

      I    Nature of Content and Content Providers

For the purpose of e-learning, registered individuals on this Site are allowed to post or upload educational content to be accessed and used by other Users (Students) as described above in section 1(II). The principle educational content (“Course Content”) providers are:

      a)  Registered Instructors/Teachers (verified by KouldMagica)

      b)  KloudMagica Admins

Apart from the aforementioned, Users (including Students) can also post comments and other statements for the purpose of feedback, inquiry and discussion. Therefore, such Content includes anything you and other Users upload to, store on, or transmit through the services, such as data, documents, photos, video, music, email and instant messages (all of the above collectively referred to as “Site Content”, “Submitted Content”, the “Material”, or simply, the “Content”). For more information on the Submitted Content, please refer to the Terms of Use at https://www.kloudmagica.com/terms-of-use

      II  Ownership of the Content

Except for material that KloudMagica and its Admins license and provide to you via the Platform, we don`t claim ownership of the content provided by other Instructors or Users on the Site. Your content remains your content, and you are responsible for it. While we try our best to monitor such content, we don`t control, pay for or endorse the content that you and other Users make available on the services. Therefore, User’s discretion is advised before you agree to and proceed to use any such Content.

    III  Access to Submitted Content by Instructor

You have initial control over who may access your content. If you share content in public areas of the Site or in shared areas available to others you’ve chosen, you expressly agree that anyone you have shared content with may, for free or a fee, use, display, transmit, save and communicate the content solely in connection with the service.

Access to Course Content to students is only available after the purchasing process has been thoroughly completed. Although Teachers/Instructors have the option to upload demo videos to be accessed pre-purchase by the students for their consideration.

Moreover, any materials, content or information that you publicly upload, communicate or otherwise transmit or post to us on or through Company Products will be treated as non-confidential and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for any purpose related to the delivery, marketing, promoting, demonstrating or operating the Company Products, including, but not limited to, for quality control, redistribution or display to Users, and professional development

If you don`t want others to have that ability, don`t use the services to share your content. If you use or share content on the Site in a way that infringes others’ copyrights, trademarks, other intellectual property rights or privacy rights, you are breaching this agreement. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the content you upload or share on the services and that the use of the content, as contemplated in this paragraph, won`t violate any law or rights of third parties. For more information on the Credibility of Submitted Content, please refer to the Terms of Use https://www.kloudmagica.com/terms-of-use.

    IV   Prohibited Content

Content that violates KloudMagica’s Code of Conduct or relevant and applicable laws isn`t permitted on the Site. KloudMagica reserves the right to review content for the purpose of enforcing this agreement. We may block or otherwise prevent delivery of any type of course, message or other communication to or from the services as part of our effort to protect the rights of our Users, or otherwise enforce the terms of this agreement.

    V   Removal of Content 

We reserve the right to deny content or remove it from the Site at any time if we believe that it violates applicable laws or this Agreement or if it exceeds limits on storage or file size. We may refuse to publish content and may remove content for any or no reason. If the content you store on the services is legal and in line with this agreement, protected by copyright law and you are authorized to use the content, we will provide you with the opportunity to retrieve the same.

4.  Code of Conduct between the Instructor and the Student

Elaborated below is the Code of Conduct (the “Code”) between the Instructor and the Student as deemed suitable by KloudMagica. By agreeing to the Terms of this Agreement you expressively warrant that you have read and understood the following Code of Conduct and pledge to adhere to the stipulations of the Code. It is to be duly noted that in case any breach of the following Code by either parties, KloudMagica is not to be held accountable, therefore any legal claims, damages, negotiations, arbitrations arising out of any legal proceedings following such a breach will be carried out between the concerned parties (the Instructor and the Student/Legal Guardian of the Student) without any interference, involvement, and/or accountability by the Company unless otherwise required by law.

     I   E-learning Policies to be followed by the Instructor

Virtually, every course created and uploaded by an Instructor should clearly mention the following:

  1. The Course Goals;
  2. Course Schedule/Length (in hours and/or minutes);
  3. Course syllabus/Content;
  4. The type of Software required to access the content;
  5. Course Price;
  6. Any express policy statement not included in this Agreement but deemed necessary by the Instructor;
  7. Finally, a statement to the effect that ignorance of course policies set forth in the syllabus is not an excuse for failure to conform to these policies.

     II   Instructor-Student Privacy Policy

In addition to the Privacy Policy set forth by KloudMagica between the Company and its Users, this Code lays out the Privacy Policy (the “Policy”) between the Instructor and the Student. This Policy is intended to ensure student’s as well as Instructor’s legal right to privacy and confidentiality, for the purpose of this clause, the term “User” shall denote both the Instructor as well as the Student. Under this Policy either parties agree not to:

  1. Disclose publicly any credential or personal information regarding the User without express consent obtained from such a User;
  2. Disclose publicly any personal traits of a User such as, without limitation, the following- race, ethnicity, religion, disabilities, age, gender, etc.
  3. Forcing or coercing a User into revealing any personal information without their consent and/or against their will;
  4. if either of the Users plan to publicize a User’s work inside or outside of the course site including, for example, their words in electronic discussions, e-mail, or assignments, be sure to inform them of your intent and obtain their permission to do so before proceeding with the same.

     III   Discussion/Communication Policies

The term ‘Discussion’ or ‘Communication’ is to denote both chats and forums. A discussion policy contains guidelines governing your students’ participation in chats and forums, including the degree to which you yourself will participate into student discussions. These will entail, without limitation, the following:

      a)  An agreement that the User (both Student and the Instructor) will not engage in or post any obscene, inflammatory or slanderous content;

      b)  If an Instructor does not wish to frequently participate in such discussions, they should make and post a statement to that effect so students will not be expecting more frequent participation from the Instructor.

      c)  If student participation in any such discussions is required (for the sake of learning and imparting instructions), this should also be clearly stated in Instructor’s discussion policy.

     IV  Student Code of Conduct

Students must be courteous and professional in e-mail communications and electronic discussions. The code of conduct in electronic discussion should include guidelines governing unacceptable behaviors, such as disrespectful responses to other Students or the Instructor, complaints about the course, or the use of inappropriate language. Provide students with examples of appropriate behavior and responses as well as inappropriate ones if required. Such a Code should consist, without limitation, the following:

      a)  Use and posting of abusive, inflammatory and/or slanderous language against the Teacher or any other User;

      b)  Use and posting of sexually obscene, and/or pornographic material anywhere on the Site;

      c)  Publicly reveal or disclose personal details or credentials of any User on the website including the Instructor;

      d)  Downloading or copying of Courses and teaching material and/or sharing the same on or outside the website unless otherwise authorized by KloudMagica or the uploader in express written form.

     V  Intellectual Property Rights Policies

KloudMagica takes protection of Intellectual Property of the Company as well as its Users’ very seriously. For information regarding KloudMagica’s policy on IP protection, please refer to https://www.kloudmagica.com/terms-of-use.

    VI  Violation of the Code

If Kloudmagica detects on its own or upon being reported of any violation of the Code by any other registered User on the Site, we may suspend or remove the Account of the User who stands in such violation or freeze the Account and access to Services until resolution of any such matter involving the said violation.

5  Termination of Account

     I  Termination of Account by KloudMagica

If you violate this agreement, and continue to breach and infringe the relevant stipulations after receipt of a notice to stop such breach or infringement within an appropriate and reasonable timeframe, we may take action against you including, but not limited to, removing your content from the Site, suspending your access to the Site, cancelling or freezing your Account and/or referring such violations to appropriate authorities. The removal of Content and cancellation of the Account may also imply the deletion of User data.

     II  Termination of Account by the User

You may terminate the Account at any time and for any reason. You can do this by going to your Account web page and following the account closure process at that link. To cancel a paid service, please refer to the Refund Policy in the Terms of Use. Please note that some of the content that is associated with a closed account while not being accessible to you, may still remain on our systems for a period of time.

     III  Consequences of Termination

If your Account is cancelled or terminated (whether by you or us), your right to use the Company Products stops immediately and your license to use our software ends. We may disable access to it. Please note that any such Termination will entail permanent deletion of your content from our Site and we have no obligation to return any such content to you.

6.  Privacy

Your privacy is important to KloudMagica. Please read our Privacy Policy https://www.kloudmagica.com/privacy-policy , hereby incorporated into the Terms, carefully for information relating to our collection, use, and disclosure of Your personal information.

7.  Services Disruptions and Backup

We strive to keep the services up and running, however, all online services suffer occasional disruptions and outages. You should regularly backup the content that you store on the Site. Having a regular backup plan and following it can help you prevent loss of your content.

8  Software

     I   Software License

Any proprietary software owned by KloudMagica is licensed, not sold, and we reserve all rights to the software not expressly granted by us under the license terms. If this Agreement governs the website you are viewing, any third-party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own that code, not by KloudMagica.

     II   Usage of Software 

We grant you the right to access and use the software as desired, but only if you comply with all other conditions in this Agreement. In addition to the other restrictions in this Agreement, you may not circumvent, bypass or manipulate any technological protection measures in or relating to the Software or Services or decompile or reverse engineer any Software or other aspect of the Site that is included in or accessible through the Products, except and only to the extent that the applicable copyright law expressly permits doing so. You also agree not to publish, copy, rent, lease or lend the software or the services or transfer the software, any software licenses or any rights regarding the services, except as expressly permitted by this agreement. You may not use the services in any unauthorized way that could interfere with anyone else’s use of it or gain access to any service, data, account or network.

     III  Software Update 

From time to time we will update the software to enhance, extend and further develop the Services. You agree to accept such updates subject to these terms.

9.   Payment and Billing

      I   Charges 

If there is a charge associated with a Product or Service, you agree to pay that charge (including taxes) before we allow access to and permission to use any such Product or Service. The price stated for the services includes all applicable taxes and currency exchange settlements, unless stated otherwise.

     II   Billing Information 

To pay the charges for a Product or Service, you will be asked to provide a payment method at the time of purchase. You can access and change your billing account information and payment method on the Billing and Account Management. You agree to keep your billing account information current at all times. Additionally, you agree to permit KloudMagica to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network.

     III   Online Billing statements

We will provide you with an online billing statement either through the Site or your registered email address or both. It is your responsibility to print or save a copy of each online statement and to retain such copy for your records. If we make an error on your bill, we will correct it promptly after you inform us and we investigate the same. Please make sure you inform us of any such error immediately and within a reasonable time frame, failing to do do, releases us from all liability and claims of loss resulting from any error caused by slight negligence, further in that case we won’t be required to correct the error or provide a refund. In any other cases, if KlouMagica has identified a billing error, we will inform you and take steps to correct it as soon as reasonably possible.

    IV    Price changes. 

If there is a specific time length and price for your service offer, the same will remain in force until that offer period expires. You will need to agree to any new offer and price if you want to continue the Services. You will have the opportunity to cancel the services before the price changes. After the term ends, and provided that you didn`t cancel the services further to our information, we`ll charge you for your use of the services at the new price. If you don`t agree to the price change, you must cancel and stop using the services before the price change takes effect.

     V   Refund policy

In general, charges are non-refundable except if the refund is based on an ordinary cancellation or cancellation for good cause or culpable behavior or omission by KloudMagica, including if the services aren`t effectively provided. Please note that In case of a refund, the respective amount will be debited (deducted) from the teacher’s account. For further information regarding KloudMagica’s Refund Policy, please refer to the Terms of Use https://www.kloudmagica.com/terms-of-use .

     VI  Delayed Payments 

You must pay for the reasonable costs we incur to collect any past due amounts including lawyers` fees and other legal fees and costs, as permitted by law and regulations. We may suspend or cancel your Account and/or Services if you fail to pay in full on time after we send you a reminder to make your payment within an appropriate time.

     VII  Payments to you. 

If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you.

10.  Warranty Disclaimer

THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KLOUDMAGICA, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KLOUDMAGICA OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

11.   Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL KLOUDMAGICA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH KLOUDMAGICA, EVEN IF THE COMPANY OR A COMPANY AUTHROIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KLOUDMAGICA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12  Severability

If any provision of these Terms is found to be illegal, void or unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

13  Assignment and transfer

We may assign, transfer or otherwise dispose of our rights and obligations under this contract, in whole or in part, so long as such assignment isn`t to your detriment, at any time without notice.

14  Entire Agreement

The Terms, the Privacy Policy and Guidelines and Stipulations constitute the entire Agreement between You and KloudMagica relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by KloudMagica.

15.  Support

  1. Customer support for KloudMagica is available via support@kloudmagica.com or kloudmagica@gmail.com
  2. Any complaints related to the execution of this agreement are to be submitted to support@kloudmagica.com or kloudmagica@gmail.com

16.   Contact Information

 If you have questions or concerns regarding the Terms of Use and Privacy Policy, please contact us via information given below:

 

Email: support@kloudmagica.com or kloudmagica@gmail.com

      Address: Dhanbad, Jharkhand