a) Using or accessing the Company Products, including, but not limited to video streaming, accessing any proprietary software or any training material;
b) Paying for self-usage or someone else to use or access the Company Products.
THE TERMS, DELINEATED THROUGHOUT THIS DOCUMENT CREATE A LEGAL AND BINDING CONTRACT BETWEEN YOU AND THE COMPANY. BY USING THE COMPANY PRODUCTS, YOU REPRESENT AND VALIDATE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IN CASE YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PROCEED TO USE AND HENCEFORTH PROHIBITED FROM USING ALL OR ANY PORTION OF KLOUDMAGICA’S PRODUCTS.
The terms "You" or “User(s)” shall mean a person who pays for access to the Company Products as well as anyone who accesses or uses the Company Products including the Instructors and the Students.
For the purpose of this document, the term “Subscribing Entity” should refer to any company or organization on behalf of which, you use the Company Products. In any such case, you represent and validate the following:
a) You are an authorized representative of that Subscribing Entity whereupon any such entity becomes bound to the Terms set forth in this document by way of your usage or utilization of Company Products.
b) You agree to be bound by these Terms on behalf of such Subscribing Entity.
This Site is intended for use by You/the User, only if you/they are:
a) 18 years of age or older or;
b) 10 years of age or older (but younger than 18) under the guidance of your/their parent(s) or a legal guardian (older than 18 years of age).
If you are a parent, guardian, or any adult who enables a child to access the Company Products, you agree to stand in the shoes of such child for the purposes of compensating in case of damages or indemnification that could arise out of any direct/indirect actions perpetrated by any such child/User in relation to the use of the Products.
i. Purpose and Nature of Company Products- The Company Products enable users to access and learn via live and recorded instructions (audio and video) and other education material via our Platform and/or third-party software such as Skype. The Services include, but not limited to, facilitating and hosting Courses, and taking feedback from Users.
II. Amendments to these Terms- The Company reserves the absolute right to revise and amend these Terms at its sole discretion at any time and without prior notice to any user. The revised terms shall be posted on the Site and any revisions to the Terms are effective upon posting. You should visit these Terms regularly to stay updated and ensure your continued acceptance of the same. 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.
III. Modification of Products & Services- The Company reserves the right to add, change or eliminate features, pricing, nomenclature and other aspects of the Company Products and make other changes at any time and these Terms will continue to apply to the Company Products as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Company Products (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of all or any portion of the Company Products.
IV. Communication and Correspondence- By using the Company Products or communicating with us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Company Products via your email address that is duly registered with us.
You are solely responsible for all service, internet, telephony and/or other fees and costs associated with your access to and use of the Company Products, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
I. Accessing the Site and browsing Content is free of cost. However, we reserve the right to change our fee policies at any time as deemed necessary by us, including charging for access to the Site. Although you are not bound to pay and may choose not to proceed unless you agree to such charges.
II. Unless otherwise stated, all fees are quoted in Indian Rupee for purchases made inside Indian Territory or US Dollars for purchases made by customers outside India. You are solely responsible for the payment of any such fees (including taxes) in a timely manner via a payment method acceptable by the Company. if your payment method fails or your account is past due, then we may collect the due amount owed to us using other collection mechanisms including charging other payment methods on file with us and/or retaining collection agencies (as permitted by law) and legal counsel. We also reserve the right to block your access to any or all Company Products pending resolution of any such due amount.
I. Confidentiality of Submitted Content- Any materials, content, comments, statements or information that you publicly upload, communicate or otherwise transmit or post to us on or through Company Products (the "Submitted Content") 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.
II. Credibility of Submitted Content and User Comments- Users are allowed to post comments and statements on this Site for the purpose of feedback, information and discussion (“Comments”). While we try our best to monitor such content, we do not do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Content. You also understand that by using the Site you may be exposed to Submitted Content that may be considered or deemed to be offensive, indecent, or objectionable by you. You hereby agree to absolve the Company from any liability against any and all claims and actions arising out of your access or use of any such Submitted Content.
III. Foreign Users- Those who choose to access or use the Company Products from locations outside India, may do so at their own discretion and are responsible for compliance with local laws to the extent such laws are applicable. We prohibit usage of the Company Products in Jurisdictions where the content or practices of the Company are deemed illegal and/or unauthorized.
I. You shall only access the Company Products for lawful purposes.
II. You are solely responsible for the knowledge of and compliance to any and all laws, rules, and regulations pertaining to your use of the Company Products.
III. You agree not to use the Company Products or the Company Content to recruit, solicit, or contact in any form, Instructors or potential users for employment or contracting for a business not affiliated with us without our advance and express written permission, which may be withheld in our sole discretion.
IV. If you choose to contact and/or meet any User or Instructor from the Site, you shall do so at your own risk.
YOU AGREE NOT TO:
a) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional material, junk mail, spam, pyramid schemes or any other form of solicitation (commercial or otherwise).
b) Remove, disable, modify or otherwise interfere with security-related features of the Site, Company Products, and the Submitted Content.
c) Post any unlawful, offensive, racist, hateful, sexist, obscene, false, misleading, infringing, defamatory or slanderous content.
d) Use the Website for any commercial use or purpose unless expressly permitted by KloudMagica in writing, it being understood that the Website and related services are intended for personal, non-commercial use only.
I. In order to use certain features of the Website, you must register for an account. You will be asked to provide a username and a password along with other personal details (collectively referred to as the “Account”). You are solely responsible for maintaining the confidentiality of your account, and You agree to accept responsibility for all activities that occur under your account. You agree that the information You provide to us, whether during registration or any other time, will be true, accurate, current, and complete. If You have reason to believe that your Account is no longer secure then You must immediately notify KloudMagica at firstname.lastname@example.org or email@example.com . You may be liable for the losses incurred by KloudMagica or others due to any unauthorized use of your Account.
II. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for:
a) The online conduct of such User in relation to the use of the Products.
b) Consequences of any misuse by any such user.
If you provide any Account information that is deemed untrue, inaccurate, not up to date, incomplete or misleading, or if we have substantial reason to believe that such information is untrue, inaccurate, not current, incomplete or misleading, then we reserve the right to freeze or delete your Account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
I. The Website is owned and operated by KloudMagica Infotech Pvt. Ltd. The visual interfaces, graphics, design, compilation, information, computer code, software, services, content, videos and exercises, and all other elements of the Website (the “Website Materials”) are protected by the laws of Republic of India and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights including the Indian Copyright Act of 1957.
II. Copyright Assignment- A copyright assignment is when the copyright holder transfers ownership of the copyright to another person or organization. The copyright holder is normally the person who created the work, but they may decide to sign an agreement or by way of fulfilling certain condition or performing an act, agree to transfer/assign the copyright to a publisher, or as it is in this case, KloudMagica (The Site, Platform). In light of the aforementioned, the User is deemed to understand and acknowledge that any material and content uploaded by any such User/Instructor becomes Intellectual Property of KloudMagica upon such posting or uploading and all related copyright get assigned to KloudMagica.
III. Kloudmagica grants to you a non-exclusive, non-transferable right to access and use the Website Materials as made available on the Website, solely for your personal, non-commercial purposes. Unless expressly indicated on the Website, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Website Materials to any third party.
IV. Modification of the said materials or use of Website Materials on any other website or online platform or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited. In case of any such violation, KloudMagica may sue the infringer via legal proceedings as per the applicable law and refuse access to any or all Company Products.
V. Courses offered by KloudMagica are created and copyrighted by third parties (as per the guidelines and template provided by KloudMagica) with signed declaration to KloudMagica that the course content and training materials are authentic and without infringing any copyrighted article. In case any of the course content or training material is found to be in infringement of any copyrighted article, the same may be brought to our notice by sending an email with complete details of the infringement to firstname.lastname@example.org or email@example.com . After preliminary investigation if the course is found to be in infringement of the copyrighted article, the same will be suspended till the final outcome of the detailed investigation. Since KloudMagica only provides a platform where authors can host their copyrighted courses, any legal action for copyright infringement can only be initiated on the authors and not on KloudMagica.
VI. If you have reason to believe that any content made available on or through the Company Products or exploitation of which is tantamount to infringement of an intellectual property you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Company address:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed.
b) Identification of works or materials being infringed.
c) Identification and description of the specific material that is claimed to be infringing that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to identify and locate such material on the Site.
d) Sufficient and relevant information to permit Company to contact you, such as an address, telephone number, and an email address.
e) A statement to the effect that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f) A statement that the information in the notification is accurate and that you are authorized.
While using the Company Products, you further agree not to:
I. Create a false identify or impersonate another person or entity in any way.
II. Restrict, discourage or prohibit any person from using the Company Products without a reasonable and lawful cause.
III. Divulge personal information about a third person on or through Company Products without the consent of such person.
IV. Gain unauthorized access to the Services, to other Users' Accounts, or to other computers or websites connected or linked to the Services.
V. Post, transmit or otherwise make available any virus or malware or any other malicious software, computer code, file or program that may damage or interfere with the operation of any equipment, software or any other aspect of the Company Products or computers connected to the Company Products.
VI. Interfere with or disrupt the Company Products, networks or servers or violate the policies or procedures of such networks or servers.
VII. Violate any applicable central, state or local laws or regulations or these Terms.
VIII. Assist or permit any persons or entity in engaging in any of the activities described above. Doing so may indict the offender to civil liability and criminal prosecution under applicable and relevant laws.
We offer Users both, online live courses (imparted live via Skype or other sharing tools) as well as self-paced learning courses with prerecorded videos. Once booked, an online live course can be canceled by a user but a self-paced course cannot be cancelled. Upon cancellation of an online live course, refund is subject to the following conditions:
I. In case KloudMagica cancels an event, 100% refund will be paid to the Student.
II. If a cancellation is done by a Student 6 days or more, prior to the event, 20% of total paid fee will be deducted and the remaining amount will be refunded back to the Student.
III. If a cancellation is done by a Student 5 days or less, prior to the event, 40% of total paid fee will be deducted and the remaining amount will be refunded back to the Student.
IV. If the cancellation is done by the Student after attending 0-3 hours of class, 50% will be deducted as administration fee and the rest will be refunded.
V. If the cancellation is done by the Student after attending one full class, no refund will be made.
VI. In case KloudMagica reschedules the training event, the options available to the Student are:
a) 100% refund will be made, if the rescheduled dates do not fit into the Student’s schedule.
b) The Student would have the privilege of rescheduling and attending a class in future at his/her convenience on any date of scheduled training.
VII. Students are also provided with options to reschedule an online live course. The rescheduling charges are subject to the following conditions:
a) If reschedule is done 6 days or more, prior to the event, no extra money will be charged.
b) If reschedule is done 5 days or less, prior to the event, 25% extra money will be charged.
c) If reschedule is done 24 hours or less, prior to the event, 50% extra money will be charged.
Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
The Website may include links or references to other web sites or services solely as a convenience to Users (the “Reference Sites”). KloudMagica does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through such Reference Sites.
ACCESS AND USE OF REFERENCE SITES AND SUCH LINKS, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
I. 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.
II. Content- KLOUDMAGICA, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
III. Risk of Harm to Equipment or Data- YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE USED TO ACCESS THE WEBSITE OR LOSS OF DATA THAT RESULTS THEREFROM.
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.
You agree to indemnify, defend, and hold harmless KloudMagica, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any minor User associated with you if you are a Parent User or Coach. KloudMagica reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, and You agree to cooperate with KloudMagica’s defense of these claims. KloudMagica will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
I. Governing Law- The Terms will be governed by and construed in accordance with the laws of the Republic of India and the State of Jharkhand, without giving effect to any principles of conflicts of law.
II. Arbitration- In the event of any dispute arising out of the use of this Website or interpretation of these Terms, the Parties shall attempt to mutually resolve the matter through negotiations. In the event no resolution is possible, the Parties shall proceed to arbitration, before a single arbitrator, to be appointed by KloudMagica. The Company shall make the appointment of the sole arbitrator within 2 weeks of notice of the failure of negotiations (which may be given by either party). The decision of the sole arbitrator shall be final and binding on the parties. The arbitral seat shall be either in Dhanbad or Ranchi (Jharkhand) and Indian law, as applicable, shall govern proceedings.
III. Jurisdiction- The Courts at Dhanbad/Ranchi, India shall have exclusive jurisdiction to adjudicate any dispute arising under, out of or in connection with these Terms and Conditions or any usage of the the Website.
I. We may terminate your use of the Company Products immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate your rights to use the Company Products for any reason or no reason.
II. You (the User) are free to terminate your use of the Company Products at any time at your own behest. You can simply choose to stop visiting or using Company Products or delete your login Account with the Website.
I. 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.
II. Waiver- A provision of these Terms may be waived only by an express written statement, only if executed and signed by KloudMagica. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
III. Notice- Any notice or other communication to be given hereunder will be in writing and given by facsimile, either by registered post or electronic mail.
I. Information voluntarily disclosed during registration/sign up- We collect information directly from Users, who are above the age of 13, when they sign up and/or buy or subscribe to a Service/Educational Course on this Website. Such information is voluntarily disclosed by the above mentioned Users and we may collect and collate the same for business purposes as defined under this Policy.
II. Information derived from User activity and usage- We also collect information via monitoring User activity on our Website, this includes (but not limited to) any express comments, statements, opinions, testimonials shared by them publicly on our Site, or one of our social media handles such as Facebook, Twitter, etc.
III. Information disclosed in correspondence- We may also collect information that is explicitly disclosed by Users in any correspondence between them and the Website’s staff, owners and operators (this includes information disclosed on query, feedback and survey forms that may be provided on the Website)
IV. Information tracked through Analytics & Log Files- We utilize web analytics services such as Google Analytics to track and report Website traffic. We may also create and maintain logs of such information to manage traffic loads and informational technology requirements for providing better service. We do not link any information gathered in these log files to Personal Information.
Our cookies may be session cookies, which are temporary cookies that identify and track Users within our website and are deleted when You close Your browser or leave Your session or persistent cookies, which are cookies that enable our website to “remember” who You are, and to remember your preferences within our website, which will stay on Your computer or device after You close your browser or leave Your session.
We use web beacons on some of our pages combined with cookies to compile statistical data about site usage. web beacons are small pieces of code that are embedded on the pages of websites or applications so we can detect when they have been viewed. We also use web beacons in e-mails that we send our visitors to determine whether our recipients have opened those e-mails and/or clicked on links in those e-mails. Cookies and web beacons do not contain or reveal any personally identifiable information on their own. However, if You choose to furnish consumer reports with personally identifiable information, this information can be associated with the data collected using the cookies or web beacons.
Our Website may have links to other sites which include third party websites or resources with their own private policies. Hence, we are not to be held responsible for the appropriation or utilization of User information by any such third parties, disclosed by the said User on their platform or website. Therefore, its advisable to go through their policies before disclosing any such information.
Mentioned below are the major forms or type of User information we collect, the list is not exhaustive and may not include every type of user information generally collected by similar services (including us) on the web.
I. Personal Information- This may include the following (but not limited to), name, email, mobile/phone number, street, city, state, zip code, country, etc. most of which, is voluntarily provided by the Users themselves.
II. Billing Information- In case you purchase a package or subscribe to a paid service, you’ll need to disclose personal information for billing purposes including your financial information such as debit/credit card, and/or bank details.
III. Demographic information- This may include information such as your education level, age, interests, preferences, etc.
IV. IP address and browser information- We might record your IP information for tracking purposes and derive other details and usage patterns such as, how much time you spend on our website? What pages and information do you tend to browse?
V. Device and OS Information- We might also collect information regarding the type of device you are using to access our web platform including the version of the operating system (Windows, OS X, Android, iOS, etc.).
I. Interact with user- We’ll utilize user information to interact with them in order to render our services. We’ll use the information to confirm or notify of any details pertaining to any purchases, etc. We’ll also use User information to resolve issues that they may face or report while utilizing our services.
II. Customize/Improve Services- We may utilize User information to customize their experience and make changes such as displaying content according to their preferences or interests. We may use the said information to improve our services and make our website better.
III. Marketing Purposes- We may utilize User information for marketing and promotion, for instance, email or SMS marketing to inform about new products, offers or services. We do not disclose personal information on above-the-line marketing or mass marketing media.
I. We do not share your personal information with any third party websites (not associated with us) or social media, nor do we collect information about our visitors from any third party databases or organizations.
III. We may share User information in case of a legal obligation or to protect ourselves and our company, where responding to a court order or subpoena is obligatory and/or mandatory. We may also share information with government agencies or investigatory bodies under certain contingencies, where we’re legally bound to disclose user information (such as RTI or IT Act, 2000).
IV. We might also share information, if there is reasonable cause or doubt that may lead to investigating a potential fraud.
We may use User information for securing our website and our clients, as well as our company against security threats. While we understand the importance of protecting information of our Users and always strive to protect the same against security threats or breaches, we do not take absolute guarantee of protection. We may post a notice on our website if a security breach occurs. We may also send an email to your registered email address to notify you and allowing you a chance to take protective measures.
In case of a contingency where the company has to file for bankruptcy or a merger and acquisition event, where the assets of the company are sold or transferred to other organizations, User information will be deemed as company asset and may be held transferrable.
It should also be noted that any international User, visiting or using our services, chooses to disclose their information to an entity in India that is governed by the laws of India. Any issues or disputes pertaining to international Users also fall under the legal jurisdiction of India and applicable laws as described above.
Email: firstname.lastname@example.org or email@example.com
Address: Dhanbad , Jharkhand