The website – ‘www.mytradingschool.in’ and mobile application My Trading School and all other associated/ancillary applications, products, websites and services (“Website/Platform”) are property of and managed by Caerus Consultancy Pvt. Ltd., a company incorporated under the Companies Act 2013 having its registered office at 110 Rewa Chambers, 31 New Marine Lines, Mumbai 400 020, (hereinafter referred to as the "Company") which expression shall unless it be repugnant to the context thereof, be deemed to include permitted successors and assigns).
For the purposes of these Terms and Conditions of Use and Access (“T&C”), accessing the Website and the mobile platforms for a listing of the user themselves as a tutor or accessing the tuition education material, videos, and online tests, made available or disseminated or uploaded therein or downloaded therefrom, including all information, tools and services made available shall hereinafter be collectively be referred to as the “Services”.
As used herein, “Users” shall mean anyone who uses or accesses the Website/ Services on any computer, mobile phone, tablet, console or other device (collectively, “Device”).
The Users include such persons who are creating User Content (as defined below) and publishers who publish the education/ study material on the Website and provide the Services as provided above. Your continued use of the Website shall be constituted as your acceptance of the T&C, as revised from time to time. If you do not agree with these T&Cs, please do not access the Website and use the Services.
1. Terms and Conditions subject to change
We reserve the right to update or modify these T&Cs at any time without prior notice. Your access to the Website and use of the Services following any such change constitutes your agreement to follow and be bound by these T&Cs, as updated or modified. For this reason, we encourage you to review these T&Cs each time you access and use the Services.
a)You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use the Services if you are not competent to contract under the applicable laws, rules and regulations;
b)If you are accessing the Website and the Services are being used for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Website and/or the Services shall be subject to the T&C;
c) If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Services and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further if you have fulfilled such additional eligibility requirements as The company may require in connection therewith.
d)A User is responsible for verifying that the use of this Website is for lawful purposes only. Therefore, any User who accesses the Website from within India or outside shall access the Website entirely at his own risk and remain responsible for compliance with the laws of his jurisdiction. In addition to the provisions relating to the absence of liability of the Website i.e. www.mytradingschool.in, the indemnity from the Website User on the use of the Platform for lawful purposes and in compliance with the laws of his/her jurisdiction within or outside India shall survive the expiration or termination of these Terms and Use for any reason whatsoever in favour of the Website owners and its licensors.
e) It is clarified that The company makes no claim that the Services on the Website, are appropriate, accurate, reliable, updated, suitable or complete or may be downloaded in a particular jurisdiction and your use of the Platform shall be at all times be solely at your discretion and risk and The company at all times shall remain indemnified.
3. Registration on the Website/Platform:
The Company provides free online registration to its Users. The company accepts the registration of the user and shall provide the Services on payment through the payment gateway i.e. Razorpay. Users should at all times maintain secrecy and confidentiality of the login id and password allocated to it by The company at no time will be liable for any failure to maintain the confidentiality of the access password by the User. The company shall make no effort to validate any information provided by the Platform User for the use of services with respect to correctness or usability. The company with an intention to provide the best service possible could ask the Platform User to share more information as and when needed.
4. Responsibilities of the Company:
a) The Company or its owners, managers, directors, employees, agents, partners, advertisers or affiliates will not be liable for any loss, damage, or injury caused to the User arising out of use of the Platform or its Services including any legal actions.
b) Any information on the Platform relating to the listing, name, content, or material of any professional or firm found on this Platform does not constitute any endorsement or recommendations of the Company. The Platform takes no responsibility for the authenticity and/or the accuracy of the information on the Platform provided by the third parties.
c) The Company is not to be held responsible for any third-party content. The Platform User agrees that he will not use the Website for anything false, defamatory, inaccurate, abusive, harassing, obscene, sexually-oriented or threatening message or material that is illegally invasive of another person's privacy.
d) If any Platform User finds any content is objectionable or illegal, he may report to the Company by writing to the customer care helpline e-mail address/phone number provided on the Platform. Objectionable /illegal content will be monitored and blocked from public access within a few hours of reporting the complaint. Such third-party content is not edited or monitored by The company and does not reflect the approval of the Company, its owners, managers, directors, employees, agents, partners, advertisers or affiliates. It bears no responsibility for the posts or the information contained therein. If such information posted is infringing or objectionable, the Company is not liable and shall take appropriate legal action against the concerned Platform User for posting such content.
e) In no event shall the Company be liable to the Platform User for any special, indirect, exemplary or consequential damages arising out of your purchase or use of the Website or any third-party claims.
5. Prohibited activities :
The Platform User shall not use any computer resource or communication device to host, display, upload, modify, publish, transmit, update or share any information on the Platform or in connection with Platform on another web resource that –
a) belongs to another person and to which the Platform User does not have any right.
b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
c) harm minors in any way.
d) infringes any patent, trademark, copyright or other proprietary rights.
e) violates any law for the time being in force.
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
g) impersonate another person.
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
6. Additional Terms of Usage of the Platform :
a) Being a Platform User you agree to abide by its terms and conditions and that you agree to use the Platform of your own free will and it is not guided by any promotional emails, phone calls and advertisements from The Company and its affiliates and partners. The use of the Platform is solely at your own risk.
b) The Company shall not be under an obligation to indemnify any Platform User for any breach in the representation towards Services through the Platform, and will not be liable to pay any damages, direct or indirect, or consequential damages for loss of revenue, loss of business, loss of data, system crash, faulty operation, malware attacks or slow transmission of the telephone line or web servers or email servers or hardware or software involved in the conduct of the Platform technical disruptions, unavailability of Platform or its Online Services, delay, failure, interruption, alteration or damage of any data or other information transmitted or posted in connection with use of the Platform.
c) That the Platform does not guarantee to be error-free or bug-free. We provide no warranty regarding the security, reliability, timeliness, or performance of the Platform or its accuracy, suitability or completeness or timeliness, accuracy of profile pages or any information contained therein, Services (including software, text, graphics, links, or communications) provided on or through the use of the Platform.
d) The Platform and the Services on Platform are provided on an "as is" basis. The company, its owners, its licensors, and its suppliers to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
e) The defaulting Platform User shall indemnify and agrees to keep the company and its subsidiaries and affiliates, and its and their directors, officers, employees, successors and assigns fully harmless against any complaints, suits, actions, claims, losses, damages, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of the company), awards, and/or expenses however arising directly or indirectly from the performance or legalities including allegations of loss of data, system crash or otherwise, and copyright infringement or other intellectual property violations raised by third parties or Customers, or in respect of breach of any of the registered Service provider warranties, representations or undertakings or in any way attributable in whole or in part to registered Service provider's performance of this Agreement or in relation to the non-fulfilment of any of its obligations under this Agreement.
f) The Company, its owners, directors, employees or agents, successors assigns, affiliates, and subsidiaries mentioned on the Platform in any event whatsoever not be liable for any damages (including, without limitation, incidental and consequential damages, direct, indirect, exemplary damages, special or punitive damages, fees, fines, penalties, or liabilities, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus, anticipated profits, loss of profits or revenues, loss of saving, loss of use interruption of business, loss of opportunity, and claims of customers), whether such damages occur prior or subsequent to or are alleged as a result of, the use or inability to use the Platform or the Services, information posted under profile pages, whether based on warranty, contract, tort, or any other legal theory or breach of any of the provisions of this T&C.
g) That by browsing and/or registering on the Platform you agree that you are solely responsible for anything you post on the Platform and that you agree to defend, indemnify, and hold the Company, its owners, its officers, directors, employees, agents, licensors, and suppliers, successors, assigns fully harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your posts/submissions on the Platform. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Platform and its services.
h) Decision of the Company on pricing and discounts will be final irrespective of what is published on the website or anywhere else.
7. Intellectual Property Rights Policy
a) All of the content on the Services, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks, trade names (“Content”), shall be considered as the intellectual property of the Company. Copyright laws in all applicable jurisdictions protect the Services and the Services Content;
b) You may access the Services, avail of the features and facilities and utilize the Services Content for your personal or internal requirements only. You agree not to duplicate, distribute, create derivative works of, display, or commercially exploit the Services Content, features or facilities, directly or indirectly, except as expressly authorized herein. In case you want to request permission to commercially exploit any Services Content, you could contact us.
c) The Company is the sole owner of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature on the Website;
8. User Account, Password & Security
a) You are required to create an account (“Account”) on the Website to have access to the Services. You are responsible for maintaining the confidentiality of your login credentials and your Account and are fully responsible for all activities that occur under your password or Account. You agree to:
(i) Immediately notify us of any unauthorized use of your password or Account or any other breach of security; and
(ii) Ensure that you exit your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
b) You hereby acknowledge that the deletion of the Services from the Device does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If you are desirous of having your name and other details removed from the records of The company, immediately upon receiving your written request to that effect The company shall remove and/or delete all such information.
9. User Communications
a) Accepting these T&Cs, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using an auto telephone dialling system or an automatic texting system, and notifications sent via the Services. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
b) You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided (at the time of registering on the Website or thereafter or for creating an Account) to us are your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone/ mobile numbers you have provided to us and emails at each of the email address you have provided us. You agree to notify us whenever you stop using a telephone/ mobile number(s) and/or email address(es).
10. User Guidelines
b) The Services are made available to you on a non-exclusive, non-transferable, non-sublicensable and on limited license basis for your own personal and non-commercial use alone and grants you a limited right to temporarily download one copy of the material (information or software) on the Website. You shall not allow third parties to:
(i) Make and/or distribute copies of the Services or any deliverable generated by the Services.
(ii) Attempt to copy, reproduce, alter, modify and/or reverse engineer the Services; and/or
(iii) Create derivative works of the Services.
c) You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you
d) You shall not copy, reproduce, distribute, or create derivative works or modify the Services Content that is available on the Website. Also, you shall not attempt to decompile or reverse engineer or reverse compile our technology/ software that is available on the Website or transfer the material to another person or “mirror” the material on any other server, including, without limitation, such Java applet, as may be associated with the Website and/ or the Services from time to time.
e) You shall request the Company to block the Account and change the password immediately for the Account if your Device has been lost or stolen.
f) You are responsible for any and all activities that occur in your Account. You agree to notify the Company immediately of any unauthorized use of the Account or any other breach of security. The company shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform the Company within a reasonable time, about the loss or theft of your Device and/or any unauthorized access to your Account, either with or without your knowledge.
g) You shall be liable for losses incurred by the Company or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and the Company.
h) The Company shall make all reasonable efforts to ensure that your information is kept confidential. However, the Company shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
i) You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and the Company shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
j) You understand and acknowledge that upon using the Services, you authorize us to access third-party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third-party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Services, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
k) You must notify your bank immediately in the event your credit/ debit card is lost, stolen, not received, swallowed at an ATM, or is being misused without your permission. Please refer to the detailed instructions received from your bank for additional precautions to be taken in case of loss/ theft/ misuse of your credit/ debit card.
11. Accuracy of materials
The material as part of the Services and as appearing on the Website could include technical, typographical, or photographic errors. The company does not warrant that any of the material on the Website is accurate, complete or current. While, The Company may make changes to the material made available as the Services or on the Website at any time without notice, however, it is under no obligation to update the material.
12. Generation of content by the User
a) The company provides that its Users have the option of creating tutorial videos, audio, and clips, uploading, displaying, sharing, and publishing the content on the Website (“User Content”). Upon publishing or uploading any User Content on the Website, you represent and warrant to The company that:
You are the owner or the license holder of all copyright in the User Content,
The User Content shall not infringe the intellectual property rights or other rights of any person or entity, including but not limited to the copyright, moral rights, trademark, patent or rights of privacy or publicity, The User Content does not include any harmful or hateful content, The User Content does not disparage, insult or malign any person, people, races, religion or religious group and does not have any obscene, pornographic, abusive, inflammatory or otherwise sexually-oriented or objectionable contents, The User Content is not contrary to any applicable laws.
b) You agree and acknowledge that the Company has no role or control over and assumes no responsibility whatsoever for, the User Content and by posting such User Content on the Website, you expressly undertake to be personally liable for any and all liability arising therefrom. You also agree and acknowledge that the Company has a right to review the User Content but not an obligation to assess if the same is contrary to these T&C and/or any applicable laws. Further, the Company may remove any content from the Website and/or block, disable, terminate or suspend the User account in its sole discretion (including in the event a notice is received by the Company that such User Content is breaching any intellectual property right of any third party)
c) The Company hereby agree and confirms as follows:
13. Third-Party Links, Promotions and Advertisements
a) All the websites linked to the Website are not verified by the Company and inclusion of any link does not imply endorsement by the Company and usage/ access of/ to any such linked website is at the user's own risk.
b) The Website may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties.
c) You acknowledge and agree that the Company is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.
14. Force Majeure
The Company shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.
15. Payments and Refund Policy
The subscription term will end on the expiration date and you cannot cancel it before its expiration. The company will not provide refunds if you decide to stop using the Website during your subscription term.
You agree to protect, defend and indemnify us and hold us and our officers, directors, partners, employees, agents, investors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Website and/ or the Services in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
The terms of this provision will survive any termination or cancellation of these T&Cs or your use of the Services.
a) The Services and the functions and features of the Website are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b) The Company shall make reasonable efforts to provide the Services and the functions and features. However, we make no warranty that the Services shall meet your requirements, be uninterrupted, timely, secure, and/or error-free. Further, we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
c) The company shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond its control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
d) Any material downloaded or otherwise obtained through the Services is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these T&Cs.
18. Limitation of Liability
In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the access, use or performance of the services, functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the services, any services, data, information or services purchased or obtained or messages received or transactions entered into through or from the services, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the services, or inability to use the services, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. This clause shall survive in perpetuity.
a) "Confidential Information" means non-public information that Disclosing Party designates as being confidential in writing or orally or it is a third party /Customer's sensitive information which is disclosed in confidence or which under the Confidential Information circumstances surrounding disclosure ought to be treated as confidential "Confidential Information"
b) For perpetuity from respective disclosure under this Agreement, the receiving Party shall treat as confidential all Confidential Information Provided by the other Party, including the trade secrets, proprietary information, sensitive personal information, or other sensitive information belonging to its customers, financial details, shall not use such Confidential Information except as expressly set forth herein or otherwise authorized in writing, and shall not disclose such Confidential Information to any third party except as may be necessary and required in connection with its rights and obligations under this Agreement.
Exceptions: Notwithstanding the above, neither Party shall have liability to the other with regard to any Confidential Information which-
i. Was generally known and available in the public domain at the time it was disclosed or becomes generally known and available in the public domain through no fault of the receiver.
ii. Was known to the receiver at the time of disclosure as shown by the files of the receiver in existence at the time of disclosure.
iii. Is disclosed with the prior written approval of the discloser
iv. Is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided; that the receiver shall provide reasonable advance notice thereof to enable the discloser to seek a protective order or otherwise prevent such disclosure.
c) You acknowledge and agree that the Confidential Information so provided to you shall at all times be the property of The Company and any breach of the same shall cause irreparable damage to the Company.
If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
b) Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of and access to the Services and/ or Website and you must destroy any downloaded materials immediately in your possession whether in electronic or printed format.
c) Any termination of your right to use or access the Website and/ or the Services shall not affect liability incurred by you prior to such termination.
Any failure on the part of the Company to require the performance of any provision of these T&C shall not affect its right to the full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
You shall not assign or transfer any rights, obligations, or privileges that you have under these T&Cs, without the prior written consent of the Company. Subject to the foregoing, these T&Cs will be binding on your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. The Company’s rights under the T&C are freely transferable by the Company to any third parties without the requirement of intimating you or seeking your consent.
a) The Company reserves the right to update the Website and/ or the Services, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time.
b) You hereby agree to install the updates from time to time and acknowledge that the Company will only be able to provide Account support for the Services if you ensure to install all updates upon receiving notifications thereof when using the Services.
25. Validity of T&C
These T&Cs shall apply when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you maintain the Account.
26. Governing Law and Jurisdiction
27. Shipping and Delivery of Services
The Company is in the business of providing digital services in the form of courses. These services will be activated within a period of 48 hours in the customers login on receipt of payment by the customer through the Company's payment gateway