This Service Agreement applies to KloudMagica, the Site, the Services and hence, all the Company Products offered by us to the registered Users (Students) as well as Visitors of the Site.
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. The User 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. Upon successful completion of a course, KloudMagica awards an online certification, validating that the User has completed the training for the respective Course and thereby holds substantial expertise with regard to the respective Course.
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.
By providing the option to subscribe, sign up, browsing and purchasing the Services and Products 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 purchasing 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.
KloudMagica reserves the absolute right to change or amend the Terms of this Agreement at its own discretion, without limitation to, if:
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.
To access Company Products, 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, etc. You are responsible for keeping your account information and password confidential.
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.
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 providers are:
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.
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.
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
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.
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.
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.
Virtually, every course created and uploaded by an Instructor should clearly mention the following:
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:
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.???????
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:
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.