Terms & Conditions These Terms and Conditions shall govern the relationship between you, the User, and us, Deeshuumm, including your use of the Platform, particularly the website (https://www.skillgoddess.com), whether accessed directly, through mobile application or in any manner whatsoever, the Courses hosted on the Platform or the website, interactions with the Teachers, fellow Users, etc. You are hereby notified that if you are not willing to accept these Terms and Conditions in their entirety then you must not register on the Platform or use, access or view any part thereof. * Definitions 1. The terms, words and phrases used in these Terms and Conditions (“T&Cs”) shall have the meaning as defined hereinbelow: 2. “Platform” – this shall be understood as referring to the website (https://www.skillgoddess.com), the mobile application, any other means for accessing the said website or its contents, APIs, all services provided by us for accessing/viewing the said website, any and every content posted, accessible, available or hosted on the said website, etc.; 3. “User” – this shall be understood as referring to you, a person who accesses, visits or uses the Platform or any part thereof in any manner whatsoever and through any means whatsoever; however, there shall be a further and separate set of terms that you must agree to if you intend to post content on the Platform as a Teacher; 4. “User Account” – this shall be understood as referring to the account of a person on the Platform, who registers on the Platform by providing their personal details including their E-mail ID, which account can then be used to access and use the Platform including but not limited to, for enrolling for a Course, posting comments, interacting with Teachers, etc.; 5. “we,” “our,” “us,” and all like terms shall be understood as referring to Deeshuumm Pvt. Ltd. which owns, operates, manages, and runs the Platform. 6. “you,” “your,” and all like terms shall be understood as referring to the other party entering into these T&Cs with us, Deeshuumm Pvt. Ltd.. 7. All other terms, words, and phrases used in these T&Cs shall be understood to mean their natural and ordinary meaning. 8. It is clarified that the headings to clauses are provided only for convenience and cannot be construed to limit, guide, or impact in any manner the contents of their respective clause. * User Account 1. You will need a User Account for fully accessing and benefitting from the Platform, including, but not limited to, enrolling for a course. 2. When you register on the Platform for a User Account you are bound to provide all information correctly. You are further bound to update the User Account as and when any information provided you while registering no longer holds true. 3. Your User Account cannot be transferred, assigned, or shared with any person whatsoever without our prior permission in writing. 4. You are fully and completely liable for any and every action done through or by your User Account. You are bound to ensure the secrecy and safety of your Password at all times. If you have reason to believe that your Password has come to the knowledge of any person then you are bound to immediately inform us and change your Password. If any damage results to us or to any User or third person as a result of actions from your User Account then you shall be liable for the same and any belief or knowledge that someone may have accessed and operated your User Account shall not be a defense to the said liability. 5. In the event of your User Account being compromised, we will share your new login credentials, after due verification, only to the email address which you had provided at the time of registration of your User Account. If you wish to change the email address provided at the time of registration of your User Account you must write to us and only after due verification will your email address be changed in your User Account. 6. We will not share or change the login credentials of any User Account except as per the procedure prescribed hereinabove. In the event of the death of any User, their User Account will be deleted upon receiving legal verification of their death. 7. You must be legally competent to contract with us in your jurisdiction for registering and setting up a User Account with us. 8. We fully and exclusively reserve the right to terminate any User Account in the event of a violation of any provisions of these T&Cs or any other terms which may be applicable to the User Account. 9. You shall have the full right to delete* your User Account at any time. You hereby agree that in the event of you deleting your User Account, the same shall be permanent and irreversible; you will permanently lose access to all courses which you have enrolled for and/or purchased. You will also permanently lose access to your User Account. 10. If you had enrolled for any course less than 48 hours prior to deleting your User Account then you shall be entitled to receiving the refund on said course. You must write to us through your registered email address requesting the refund after deleting your User Account, to be able to receive the said refund. 11. You hereby agree that once you have deleted your User Account then you shall not be permitted by us to make another User Account with the same email address for a period of 90 days from the date of said deletion. *User Account Can be deleted via generating a request through the app or sending us an email from registered email Id at support@learnmall.in. Once Requested, Deletion can take up to 48 hours to come into effect. * Course Enrolment and Lifetime Access 1. When you enroll for any of our courses on the Platform, whether free or paid, you receive from us a limited, non-exclusive, non-transferable license, till such time as your User Account exists, to only view the said course and the contents thereof by use of the Platform and our services. The said license granted to you is for personal, non-commercial, educational purposes, and you are neither entitled nor permitted to share, transfer, sell or resell the course or any contents thereof in any manner whatsoever. All other uses except the permissible use described hereinabove are expressly prohibited. 2. You are hereby expressly prohibited from reproducing, redistributing, transmitting, assigning, selling, broadcasting, renting out, sharing, lending, modifying, adapting, editing, creating derivative works of, sublicensing, or otherwise transferring or using any course or contents thereof without our express written permission through our duly authorized representative. The aforementioned restrictions and terms also fully apply to any and every content that you may access via any of our APIs. 3. The aforementioned license granted to you is only for the contents of a Course and is not applicable to any add-on or extra features that may be provided either by the Platform or the Teacher. Moreover, access to the Teacher or any features which would require access to the Teacher are subject to availability and not covered by the aforementioned License granted to you. 4. The "lifetime access" license granted when you enroll for any of our courses on the Platform, whether free or paid, is valid for a period of 10 years (3650 days) from the day of purchase. The liability of SKILLGODDESS.COM is limited later in the aforementioned period. * Payments, Credits & Refunds * Pricing 1. The final amount payable by you for a particular Course shall be the price displayed at the time of checkout. You hereby consent that a Course shall be available for purchase to you, only at the price displayed for the same at the time of checkout and at no other price. 2. You consent to pay, along with the price of your Course, all the applicable taxes, levies, cesses, fees and service charges as mandated by law, which is applicable to your purchase. 3. We reserve the right to run promotional and marketing campaigns that may entail different prices for certain Users, including new, infrequent, regular, special, and unregistered Users. We further reserve the right to offer different prices for a Course in different markets. You are only entitled to view the price for or purchase a Course in the currency of the country where you are located. * Payments 1. When you provide the details of your bank account, debit card, credit card or any other payment method you hereby authorize us and our payment processing partners to charge you the amounts stated at the time of checkout or at the time of payment, as the case may be. Your payment information will be processed and stored in accordance with our Privacy Policy. 2. You hereby consent that you will not use any invalid or unauthorized methods for payment. If your payment method fails and in the event that you have nonetheless received access to the Course, you undertake to make the payment for the same within thirty days (30 days) from our notifying the failure of payment; failing which we shall terminate your access to the said Course. 3. We fully and exclusively reserve the right to suspend or terminate your access or license to a Course for which payment has not been duly or fully effected. 4. In certain exceptional cases, for promotional purposes, refunds, etc., we may issue credits to your account which can be used by you towards payment for future enrolments in Course(s) on the Platform. The credits issued are not convertible to cash and you consent to make no claim on us for the value of the said credits. The credits shall expire if not used within their prescribed time limit. * Refunds and Credits 1. In the event that you are not happy or satisfied with the Course that you have purchased then for some Courses, you can request a credit/ refund for the said Course within 5 days from the time of purchase. If the credit/ refund is not sought within 5 days, then your right to the same shall be closed. Further, you will not be entitled to seek refund If you have completed more than 30% of the Course or 60 mins duration of the Course. 2. We fully and exclusively reserve the right and discretion to provide either a refund or credit for a course in the event you express dissatisfaction or unhappiness with a Course within 5 days from the time of purchase. Particularly, we will not be able to pay a refund in the event of iOS payments. 3. We fully and exclusively reserve the right and discretion to decline both credit and refund in the event that we believe, as a matter of our sole discretion, that you are abusing, misusing, or exploiting the credits and refunds policy. In such an event we further reserve the right to terminate all credits pending to your User Account and to disable or suspend your access to the Platform. 4. We shall endeavor to process and decide on your request for a credit/ refund within 2 working days from the time of your making such a request. If a said request is accepted by us, then we will, in most cases, provide you the credit/ refund within 7 working days. Usually, the refund shall be made via and to the original payment method. 5. If you have purchased a course through third-party vendors then you shall be bound to seek the refund or credits for a course through them only. 6. The credits given to you against a Course shall automatically be applied at the time of your next purchase on our Platform. The credits can only be applied as against a Course and cannot be exchanged for money. We retain the full right and discretion to determine the value of the credits when you use them for your next purchase on the Platform. 7. In case of redemption of any promotional discount, offers or bonus credit, you are not entitled to seek a refund or credit for such purchase. 8. If you have purchased any Course on the platform and have not received it, you’re free to raise a concern to the skillgoddess.com within 7 days of the purchase. You shall seek to choose refund or course delivery to you. 9. In case of missing purchased item, concern not raised to skillgoddess.com support within 7 days, the case shall not be entertained and you will not to entitled for any claim of refund or course delivery. * Content and Behaviour Rules 1. You hereby consent and undertake that you will use the Platform in accordance with the law and in line with these T&Cs. You consent that you will not access the Platform if you are based in a jurisdiction where Indian businesses are prohibited from operating or if you are in any manner prohibited by law from using the Platform. 2. You hereby consent and undertake that any and every content posted by you on the Platform will be in compliance with the law and these T&Cs; failing which we shall have the full and exclusive right and discretion to suspend, terminate or delete your User Account. 3. We reserve the full and exclusive right and discretion to suspend, terminate or delete your User Account if you have violated any of the these T&Cs or the law. We also reserve the right to suspend, terminate or delete your User Account based on requests made to that effect by law enforcement agencies. 4. You hereby agree that we have the full right and discretion to delete or temporarily remove any content posted by you on the Platform including reviews about courses which you may have enrolled for, if we believe them to be automatically generated, unduly negative, defamatory, derogatory, immoral, etc. * Our Rights to the Content posted by Users 1. While you retain ownership of any content posted by you on the Platform, you hereby consent that such content may be freely shared and accessible on the Platform to any other user, instructor, or any person may view or access the Platform. 2. You consent that you grant us a worldwide, non-exclusive, royalty-free license, including the right to sub-license, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods. 3. You further consent that any content posted by you on the Platform or any part of such content may be used by us through any medium for promotional, advertising, syndication, or any other purpose, and in that event, you shall be entitled no compensation, therefore. * Assumption of Risks by you 1. Our platform enables anyone to create and share Courses for publication on the Platform. You are hereby notified that we do not review or edit the Courses or any contents thereof for accuracy, quality, legal compliance, reliability, or any other aspect thereof. While enrolling for a course you do so at your own risk and based on the representations of the Instructor. 2. You hereby consent and undertake that you will not hold us liable or responsible for any harm, damage, emotional trauma, mental harassment, or loss accruing to you from the contents of any Course in any manner whatsoever. You consent and undertake that your enrolling for a Course is at your sole risk and cost. You expressly consent that you will not hold us liable or responsible for any content in any Course on the Platform which you may find objectionable, indecent, or offensive in any manner whatsoever. 3. You hereby consent and undertake that you will not hold us liable or responsible for any harm, damage, emotional trauma, mental harassment, or loss accruing to you as a result of your interactions or communications with any User or Instructor, or viewing the content posted by any User or Instructor. We strongly advise you not to share personal details such as your contact number, home address or any other personal detail with any other User or Instructor, and that you do so at your own risk and cost. 4. You consent and undertake that you will not hold us responsible or liable for any harm, damage, emotional trauma, mental harassment or loss accruing to you as a result of your visiting or accessing any third-party website by clicking on any of the hyperlinks, weblinks, links, etc. on the Platform and that you do so at your own risk and cost. * Device Policy: 1. You hereby agree to install the Android Mobile Application only on compliant devices i.e on non-rooted devices on which the device user does not have access to the ROM storage of the device and is not able to modify it through any other mobile application available on the Google Play Store or available through any other means. The respective user must also not be able to access the ROM storage of the device by any other means to as such modify its content by themselves. 2. Devices that have installed Applications which can tamper the SafetyNet Or KNOX security system are restricted to install the skillgoddess.com Mobile Application for Android Devices. * Exclusive Rights of Deeshuumm Pvt Ltd. to the Platform and every part thereof 1. You hereby indicate your consent and understanding of the fact that we and our Licensors are at all times the exclusive owners of all rights, title, and interest in the Platform and every part thereof, including the content of our employees, partners, affiliates, licensors, etc. 2. You hereby grant your consent and undertaking that you will at no time lay claim to any of the aforementioned content. That you will not at any time claim any right whatsoever to or use the skillgoddess.com name, trademark, logos, domain names, or any other distinctive feature of skillgoddess.com for any purpose whatsoever. 3. You hereby consent and undertake that at no point of time will you do any of the following acts: 4. access, disable, tamper, interfere with, use or attempt to do any of the said acts, in any manner whatsoever and for any purpose whatsoever, in relation to the non-public areas of our Platform; 5. access, disable, tamper, interfere with, circumvent or try to do any of the said acts in relation to any feature of our Platform which is in any manner related to security, including any attempts, irrespective of your intent, for the purpose of testing the vulnerability of any part of our Platform; 6. modify, copy, reverse engineer/assemble, or otherwise in any manner attempt to, for any purpose whatsoever, obtain the source code of or any content on our Platform; and 7. do any action whatsoever in relation to the Platform which affects, impedes, harms, or injures in any manner whatsoever any other User or our employees, personnel, agents, affiliates, or licensors from fully accessing or using the Platform. 8. use of any content that if found on the platform for business activities such as trying to source out content from the Teacher on our platform by contacting them directly, feature our designs on your website, app or portfolio or by displaying data on your website, app on which skillgoddess.com has exclusive rights.Any usage of our data for professional/personal/business purpose without approvals or authorization from skillgoddess.com binds the defaulter for Legal Actions under civil/criminal suit. * Miscellaneous Provisions * Binding Agreement 1. By registering on the Platform and setting up a User Account, you hereby consent and undertake to be bound by these T&Cs and other Terms and Guidelines stated on the Platform as may be applicable to you. 2. The English version of these T&Cs and other Terms and Guidelines shall govern our contractual relationship with you, and that if these T&Cs and other Terms and Guidelines are provided in any other language then the same is for convenience only. 3. These T&Cs reads with other Terms and Guidelines stated on the Platform shall constitute the entirety of the Agreement between us and yourself. If any part of these T&Cs or any other Terms and Guidelines is deemed to be invalid, illegal, or unenforceable then the same shall be severed and the rest of the provisions shall continue to be applicable. 4. Clauses 2, 5, 6, 7, 8 & 9 of these T&Cs shall survive the termination of our relationship and of your User Account. The clauses of other Terms and Guidelines stated in the Platform which would survive termination of our relationship are mentioned thereunder. 5. It is understood that any delay or failure on our part to take action under the contract shall not be deemed as a waiver of rights. Moreover, any waiver of rights in a particular case will not be deemed as a general waiver for all cases or Users. 1. Disclaimers You hereby consent and undertake that you will not hold us responsible or liable in the event the Platform is unavailable or inaccessible to you at any point of time for any particular reason including but not limited to for technical, maintenance, security, updation or modification purposes. We retain the full and exclusive right and discretion to remove, change, modify or update any feature, aspect, look, design or technology of the Platform and your use of the Platform is subject to acceptance of this condition. 1. Limitation of Liability It is hereby agreed that our liability in the event of any damage, harm or loss caused to you, for any reason whatsoever, for which we are liable under these T&Cs or other Terms and Guidelines stated on the Platform, shall be limited to INR 10,000/- (Rupees Ten Thousand only) or the amount which you would have paid us in the twelve months preceding your first notice of claim, whichever is greater. 1. Indemnification You hereby agree and consent to indemnify, defend and hold harmless us, our personnel, Directors, employees, agents, licensors and Affiliates in relation to any damage, loss or harm caused to any third party as a result of any actions by you or from your User Account, including but not limited to the content posted by you on the Platform, your use of the Platform, your violation of these T&Cs or any other Term or Guideline stated on the Platform or any violation of law by. 1. Governing Law & Jurisdiction These T&Cs shall be governed by the laws applicable to and in the State of Haryana, India and the Courts of Bhiwani, Haryana shall have the sole and exclusive jurisdiction in relation to any dispute between you and us. * Notice & Communication 1. All communications to us in relation to any matter, dispute, query, complaint or claim under these T&Cs or under any other Terms and Guidelines stated on the Platform shall be made through e-mail to admin@deeshuumm.com 2. You hereby consent that all communications by us in relation to any matter, dispute, query, complaint or claim under these T&Cs or under any other Terms and Guidelines stated on the Platform shall be made through E-mail to the E-mail address provided by you in your User Account. 1. Relationship between the Parties It is hereby agreed that your use of the Platform does not constitute or establish any joint venture, partnership, contractor, or agency relationship between you and us. 1. Dispute Resolution 2. Amicable Settlement It is hereby agreed that in the event that either you or we intend to raise a dispute or make any claim against the other party, the party raising the dispute or claim will first write to the other party by E-mail and that the parties shall in the first instance attempt to amicably settle the matter. In the event that no resolution of the dispute has been reached within a month from the date of raising the dispute or claim only then shall either party be entitled to proceed for Arbitration. 1. Arbitration 2. It is agreed that any dispute or claim which has not been settled by Amicable Settlement as described hereinabove shall be settled through Arbitration as per the Arbitration and Conciliation Act, 1996 as applicable at the time. 3. In the event that the claim amount is less than INR 25,000/- (Rupees Twenty Five Thousand only) then the Arbitration shall be a document only Arbitration involving the filing of pleadings, documents, and written submissions but no appearances before the Arbitral Tribunal. 4. In the event that the claim amount is more than INR 25,000/- (Rupees Twenty Five Thousand only) then the Arbitration may not be a document only Arbitration. 5. The Arbitral Tribunal shall consist of a Sole Arbitrator to be appointed by skillgoddess.com within 30 days from the Notice of Arbitration being served. The seat of Arbitration shall be Bhiwani, Haryana. The language of Arbitration shall be English. 1. No Class Actions 2. You hereby consent and undertake that you will raise your claims against us, if any, only in your individual capacity and not raise the same as part of class action. 3. It is further agreed that any Arbitration between you and us will not be joined or combined with any other Arbitration between us and any other person(s), for any reason whatsoever. 1. Updates to the Terms and Conditions 2. It is hereby agreed that we retain the full and exclusive right and discretion to alter, change, modify, update or delete any part of these T&Cs and any other Terms and Guidelines stated on the Platform. 3. In the event that we are doing any of the aforementioned acts, we will notify you of the same. Unless otherwise specified, any alteration, change, modification, updation or deletion comes into effect from the moment the same is notified to you. If the same is not acceptable to you then you should delete your User Account and completely cease using or accessing the Platform. You must further write to us at our E-mail address and confirm your intention of leaving the Platform in light of the alteration, change, modification, updation or de-activation, as the case may be. It is agreed that your continued use of the User Account or the Platform indicates your full consent to the said alteration, change, modification, updation or de-activation, as the case may be.
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