TERMS AND CONDITIONS
mojoVersity is available to both, merchants registered on www.instamojo.com and new users who sign up to access the Courses on mojoVersity (users of mojoVersity shall be referred to as “you” or “User” for the purposes of these Terms).
By using mojoVersity, you agree that you have read and understood, and are bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use mojoVersity or any features or content made available on or through mojoVersity.
- mojoVersity is a complete learning and skill development platform with access to various courses across different business domains including but not limited to taxation aspects, marketing, finance, accounting, and operations (each, a “Course”). The creators and operators of the Courses are referred to as “Course Creators”.
- Unless stated otherwise, all content available on mojoVersity, including Third Party Content, text, images, videos, user interfaces, trademarks, logos, applications, designs, layouts, arrangements, or other information (“Content”) is owned by us or our licensors, and is protected by applicable laws. “Third Party Content” means the content, documents, and information owned by a third party and available on mojoVersity.
2.ELIGIBILITY AND ACCESS TO MOJOVERSITY
- To use mojoVersity, you will be required to create an account on mojoVersity by providing the requisite details (“User Account”).
- You shall be responsible for maintaining the confidentiality of your User Account, including details of your user names and passwords.
- You are responsible for all activities that occur on or through your User Account.
- We have the right to cancel, without prior notice, your User Account, and restrict any access to mojoVersity and your User Account, if we discover or suspect that your User Account is being accessed by third parties.
3.CERTIFICATES AND ACADEMIC CREDIT
- Course Creators may, subject to additional terms and conditions they may deem applicable, provide you with a certificate of completion on the successful completion of the material of a Course (“Certificates”).
- Unless otherwise explicitly indicated by a Course Creator, participation in or completion of a Course does not confer any academic credit. Even if a Certificate is awarded by one institution, there is no presumption that other institutions will accept the Certificate as valid academic credit. Neither we nor any Course Creators or instructors have any obligation to have a Course recognised by any educational institution, accreditation entity, or organisation.
- Nothing in these Terms or otherwise with respect to your participation in any Course:
- establishes any relationship between you and any educational institution, even if the educational institution is the Course Creator for a Course you have undertaken on mojoVersity; or
- entitles you to use the resources of any educational institution beyond participation in the Course.
- We grant you a revocable, non-exclusive, non-transferable, limited, single-server licence during the Term to use mojoVersity for your personal, non-commercial, educational, and informational purposes only. You understand that this licence is non-transferable and is not sub-licensable and does not include the right of resale, assignment or any other rights not expressly granted by us under these Terms. No licence or right is hereby granted by implication.
- We retain all right, title and interest in and to mojoVersity and any derivative works thereof.
- Except for the licence set forth in this Clause 4, the Terms do not transfer any intellectual property to you, and all rights, title and interest in and to such intellectual property, including, without limitation, mojoVersity, will remain solely with us, except for any third party intellectual property.
- Our trademarks and logos, and all other trademarks, service marks, graphics and logos used in connection with us or mojoVersity are our or our licensors’ trademarks. Other trademarks, service marks, graphics, and logos used in connection with mojoVersity or Content may be the trademarks of other third parties. Use of mojoVersity does not grant you any right or licence to reproduce or otherwise use any our or third-party trademarks.
- You agree and warrant that you shall not reproduce any content available on mojoVersity in any manner without our prior express written consent.
- mojoVersity enables you to share your content, such as quizzes, exams, projects, and other assignments you submit, posts you make on mojoVersity, and the like, including other content and information ("User Content"), with us, instructors, and/or other mojoVersity users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
- You understand and confirm that during your use of mojoVersity, you shall not at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or an instructor. If at any given point it comes to our notice that you are engaged in any kind of harassment of other Users, we reserve the sole right to terminate your User Account with immediate effect and without any notice of such termination. We also reserve the right, in our sole discretion, to initiate any legal proceedings against you in such cases.
- You understand that when using mojoVersity, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content.
- You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us and our licensors.
- We do not endorse any User Content or any opinion, recommendation or advice expressed therein, and expressly disclaim any and all liability in connection with User Content.
- You shall not use mojoVersity in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
- infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works, rent, or licence any Content, mojoVersity or any portion thereof, or any other products or services offered by us under these Terms;
- use any robot, spider, other automated device, or manual process to monitor or copy any Content other than copying or exporting as permitted by the Terms;
- make any back-up or archival copies of mojoVersity, the Content, or any part thereof;
- engage in the systematic retrieval of Content from mojoVersity to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;
- re-licence, sub-licence, rent or lease the rights to use or access mojoVersity or any Content available on mojoVersity;
- use mojoVersity in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these Terms;
- violate applicable laws in any manner.
7. THIRD PARTY CONTENT
- The Content made available by us may contain links to Third Party Content. You understand that Third Party Content is the responsibility of the third party that created or provided it and we exclude all warranties and liabilities pertaining to such Third Party Content available on mojoVersity through such links. You acknowledge that the use of such Third Party Content through such links is solely at your own risk.
- All intellectual property rights in and to Third Party Content are the property of the respective third parties.
- We do not control, endorse, sponsor, or adopt any third parties referenced on mojoVersity, and make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, its accuracy or completeness.
- You hereby agree to grant us an irrevocable, sub-licensable, perpetual, and worldwide licence to use your name, image or other photographs uploaded on mojoVersity, suggestions, feedback, and other related material and content, including without limitation bug reports and testimonials (collectively, “Feedback”), to freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
- Content available on mojoVersity is for informational purposes only. We do not verify the accuracy or suitability of any information contained in any Content. Accordingly, we shall not be liable or responsible in any manner whatsoever for any content contained within any such sources. You acknowledge and agree that your access, use, and reliance upon any Content is solely at your own risk.
- You acknowledge and agree that we are not in the business of providing any type of professional educational services whatsoever.
- You understand and acknowledge that the Content is not exhaustive.
- The Content may contain information, advice, and guidance to help entrepreneurs. While the Content has been provided by experts in their respective fields of business, we expressly disclaim any and all warranties with respect to the accuracy, functionality, or results of the Content whether express or implied, including any implied warranty of fitness for a particular purpose, title, or non-infringement.
- We do not recommend, endorse, or make any representation about the efficacy, appropriateness, or suitability of any specific tests, procedures, opinions, or other information that may be contained on or available through mojoVersity.
- To the extent permitted by the applicable law mojoVersity is provided on an “as is” and “as available” basis. To the fullest extent permissible under applicable law, we expressly disclaim all other warranties of any kind, express or implied, with respect to mojoVersity, including warranties of satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranties that may arise out of course of performance, course of dealing or usage of trade.
- We do not warrant that operation of mojoVersity will be uninterrupted or error free or that the functions contained in mojoVersity will meet your requirements.
- You hereby accept full responsibility for any consequences that may arise from your use of the Content and mojoVersity, and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same.
10. COURSE FEE
- The use of mojoVersity is for free of cost. However, you are aware that we reserve the right to amend this policy and charge you for access to the Content, or any part thereof, at any time.
- We may also launch additional or premium services not currently offered, which may be chargeable. You expressly and unconditionally agree to be bound by any such revisions of both, the fee policy and charges, if any additional or premium services are availed.
11. LIMITATION OF LIABILITY
Neither we nor our affiliates, agents, distributors, resellers, licensors, or suppliers will be responsible to you or any other party for loss of profits, loss of business, depletion of goodwill or similar losses or loss or corruption of data or information, or pure economic loss, or for any other direct, indirect, special, incidental or consequential damages arising out of (a) your use or inability to use mojoVersity; and/or (b) your use of or access to mojoVersity or the Content, even if we or one of our agents, dealers, distributors, resellers, licensors or suppliers has been advised of the possibility of such damages or of any claim by any other party.
You agree to indemnify and hold harmless us, our affiliates, our licensors, and respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of the negligent or unlawful use of mojoVersity, any fraud or negligence or other breach of applicable laws by you, a breach of any provision of these Terms by you, or any third-party claim to the extent arising from or connected with an allegation that your use of mojoVersity in accordance with these Terms infringes the rights of a third party.
13. CONSENT TO USE DATA
- You agree to receive marketing communication from mojoVersity and its partners when signing up on the platform. You may choose to unsubscribe or opt-out of receiving the communication at any point in time.
14. MODIFICATION OF SERVICES
We reserve the right at any time to add, modify or discontinue, temporarily or permanently, mojoVersity (or any part thereof) with or without notice or cause. You agree and acknowledge that we shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of mojoVersity.
15. FORCE MAJEURE
We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
In respect of the use of mojoVersity, you acknowledge and agree that you are aware of applicable laws and regulations governing such use of both, the Content and mojoVersity. You shall be solely responsible to ensure compliance with the various applicable laws.
- Notwithstanding other legal remedies that may be available, we may at our sole discretion, limit your access or activity (by immediately removing your access credentials, either temporarily or indefinitely), or suspend or terminate your User Account or refuse to provide you with access to mojoVersity and the Courses, without providing you with notice or cause, for any reason including but not limited to the occurrence of the following events:
- usage of mojoVersity to perform any illegal or criminal activity;
- upon the request of law enforcement or other government agencies.
2. You shall, however, continue to be governed by certain terms contained in these Terms that survive termination, and you expressly agree that you shall not have any right to terminate these Terms.
3. Your only recourse hereunder shall be to stop accessing and using mojoVersity.
18. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
- These Terms shall be governed by, and construed and enforced in accordance with, the laws of India. Subject to other provisions hereof, the courts in Bangalore shall have exclusive jurisdiction.
- Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (One) arbitrator appointed by us. The language of the arbitration shall be English.
- The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
- Each party to the arbitration shall bear its own costs with respect to any dispute.
19. MISCELLANEOUS PROVISIONS
- Participating Institutions: Our participating licensors are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
- Waiver: Our failure or delay in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any rights. A waiver shall not be valid and effective unless the same is in writing.
- Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
- Term: The Terms will remain in full force and effect while you continue to access mojoVersity and participate in the Courses or maintain a User Account on mojoVersity.
- Contact: All communication relating to any dispute or grievance experienced by you may be communicated to us by contacting us at:
Name: Instamojo Technologies Pvt. Ltd.
Address: 3rd Floor, MAA Grace, 12/1, 7th Cross Road, Koramangala, Bangalore - 560034
Email: [email protected]
© 2020 mojoVersity by Instamojo.
All Rights Reserved