You agree, understand and acknowledge that mUni is an online education ecommerce service provider and owner of proprietary ecommerce platform by name of www.muniversity.mobi ("mUni's Platform"), providing an end to end online education delivery platform and marketplace to various "Educational providers" enlisted on mUni's platform who can sell or share their educational programs – on campus or online , to their "Users" who can view and purchase such educational programs online via the internet at mUni's Platform. or on campus at premises decided by Education providers. The Services include, without limitation, acess to course material, and supporting materials provided by the Educational Providers in relation to the Educational Program, provide facilitating and content hosting services, marketing support to the Education Providers upon at their request and costs and enrolment and registration of the Users for the Educational Programs of Education Providers as listed on mUni's Website.
mUni is only an education marketplace for the Education Providers and the learners/Users It is hereby expressly clarified that Education Providers are not hired or employed by mUni and such Education Providers are Third Party and that we are not in any manner responsible or liable for any communications or interactions involved between the Education Providers and the learners/Users who purchase an Educational Programs from the Educational Providers through the Services. The Users understand, agree and acknowledge that under no event We shall be liable for claims, losses, damage or injuries, of any kind of whatsoever nature that might arise out of or relate to conduct of Education Providers or learners/ Users, including, but not limited to, any learners/User's dependence upon any information provided by an Education Providers, or contents of Educational Programs or courses, course material or any other issues dealing with the certificates of genuineness, validity, truthfulness, reliability, or accuracy of such Educational Programs or its course contents and the You shall hold mUni harmless and keep mUni fully indemnified at all times in this regards.
It is further agreed and acknowledged by You may be able to access links to third party platforms ("Third Party Platforms"), either directly or through Courses or Education Providers by use or access of our Services. mUni does not have any control on any of these Third Party Platforms in any manner and mUni makes no representations or warranties regarding and does not endorse any of these Third Party Platforms or any information or content appearing on Third Party Platforms. Accordingly, mUni does not assume any liability associated with Third Party Platforms. You should ensure and take appropriate and necessary steps You feel to protect Your personal information and privacy before You proceed on such Third Party Platforms.
Use of this mUni's Website, either by registration or by any other means, is available only to persons, who who are 18 yrs of age and above, and persons who can enter into a legally binding contract as per the provisions of Indian Contract Act,1872, and or are not barred by any law for the time being in force.
You agree that in the event your posting or Your information and/or or Your use of Our Services violates any provision of these Terms or any applicable laws, We shall have the right to terminate and or suspend Your Services of the mUni's Website and refuse to provide You access to the mUni's Website.
1. You are of the age of majority i.e over 18 years and otherwise also have the capacity to enter into a legally binding contract, as provided above.
2. You will be solely responsible for the Your information and your information shall not be false, misleading, fraudulent or infringing the intellectual property rights, trade secret or other proprietary rights of the third parties or rights of publicity or privacy or in violation of any applicable laws. The Users agree and acknowledge that the Users shall be solely responsible for the compliance of applicable laws, accuracy, truthfulness in relation to such content, post or uploaded or submitted material and shall keep mUni fully indemnified in this regard.
3. You will not post or upload otherwise transmit any unsolicited or unauthorized marketing, promotional materials, chain letters, spam, junk mails, or any other form of solicitation (commercial or otherwise) through the Services.
4. Any information or post or content provided by You shall not be objectionable nature, offensive, racist, inappropriate, pornographic, false, misleading, incorrect, infringing, defamatory or libelous.
5. You agree and acknowledge the fees payable by You for the Educational Programs offered for sale by the Education Providers displayed on mUni's Website as may be notified on mUni's Website from time to time.
6. You will not reverse engineer, modify, copy, distribute, copy, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, mutilate, hack, interfere, tarnish, deface interfere with, or otherwise use or exploit mUni's Content, the Services or courses or content provided by Educational Providers to mUni or and/or any third parties in relation to the Services except as permitted by these Terms.
7. You will not frame or embed the Services to circumvent the Services.
8. Gaining unauthorized access to another person's account or impersonating another person is strictly prohibited and you shall not do such activities for access of our Services.
9. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof.
10. You shall not use and access the Services in an unlawful manner and shall be solely liable for any inappropriate, fraudulent or misleading use of the Services, or any use which may expose mUni to civil or criminal liability. In case such liability arises, You shall be solely responsible for the same and keep mUni fully indemnified in this regard.
11. You shall not gain unauthorized access to any Service on this mUni's website, other Users' Account, Computer systems or networks connected to this mUni website through hacking, password mining or any other means.
12. You are solely liable for the knowledge of and compliance to any and all laws, rules, and regulations as may be applicable from time to time in relation to the use and access of the Services by You.
13. You shall strictly refrain from soliciting, recruiting, or contacting in any manner Education Providers or potential users for employment or contracting for a business not affiliated with Us. Any meetings or contact between You and any Education Providers or other Users of the Services of any nature shall be at your own risk and expenses.
14. You agree and acknowledge that the Education Providers are third parties listed on mUni's Website who offer the Educational Programs for sell to the learners. mUni does not guarantee Education Providers availability to You and shall not be held liable for any issues relating to Education Providers availability. You further agree and acknowledge that the Educational Providers can at any point of time discontinue their account with mUni and become inactive or stop their educational services from who have sold You their Educational Programs.
15. The mUni may also provide space on mUni's Website for advertising for third parties. It shall be the sole responsibly of the advertisers to comply will all the applicable laws in respect of the advertising material or content submitted to mUni for advertisement on mUni's Website and the advertiser shall be solely liable for all aspects of content, material of such advertisement. Advertising material shall be at any point of time removed, omitted or suspended from mUni's Website by mUni solely at its discretion. All representations and warranties of the Users shall survive termination.
You will have to enroll and get registered for use of Our Services and we shall provide You with an account, login details and password for Your access and use of Services. You will submit to Us your relevant details and information required by Us for completion of enrolment and registration process. You represent and warrant to provide Us with your correct information. You shall disclose any information pertaining to Your account and password to third parties and You shall be entirely responsible for maintain the secrecy and keeping your account information, user id, password provided to You by Us in strictest confidence and We shall not be liable in any manner in the event of any disclosure (inadvertent or otherwise) of the account detail, user id or password of the User. Your information in relation to Your account with Us. You shall forthwith cease to use Your Account upon the end of each use of the Services. You may not transfer Your Account is non-transferable and You shall not any use or access any other Users account without the account holder's prior express written consent. You shall be solely liable for the conduct of the learner and/or learners use and access of the Services and misuse of the learners, including a minor.
Content shall include without limitation all designs, materials, technology, software, information, electronic art, animations, graphics, illustrations images, photos, ideas, links, text, artwork, software, technology, designs, materials, information, communications, text, reviews, graphics, links, electronic art, animations, illustrations, artwork, video recording/clips, audio recording/clips, photos, or content audio clips, and other data or copyrightable materials or content (hereinafter referred to as the "Content"). Users may be provided with the Content including but not limited to the software, products and mUi's Website by mUni in connection with the Services, is ("mUni's Content"). Users may also submit, upload or post content provided by Users ("hereinafter referred to as "User Content"). Each person or entity shall remain the owner of the Content provided or submitted by it (or their affiliated and/or third party providers and suppliers) and shall be responsible to comply with all the applicable laws including law relating to intellectual property rights. No review or posting or appearance of Users Content on the Services or through the Services is intended to act as an endorsement or representation that any User Content is free for violation of any applicable laws or is inaccurate or possess risk to any third parties. You hereby represent and warrant that You have all permission, licenses, rights and consents required to grant the rights set forth in these Terms to mUni with respect to User Content and that mUni is therefore entitled to use or exploit Your User Content as authorized in these Terms without payment of any cost or charges to Users or third parties.
mUni hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use mUni Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Services All other uses are expressly prohibited absent our prior express written consent. You shall not modify, reproduce, copy or redistribute, transmit, assign, sell, broadcast, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or mUni's Content in any manner whatsoever.
Notwithstanding the foregoing, We reserve the right to revoke this license to access and use User Content and mUni Content granted to You as described above at any time at our sole discretion, as further detailed in section 14 below.
mUni WILL NOT TOLERATE VIOLATON OF LAWS NOT LIMITED TO COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION. NOTWITHSTANDING THE FOREGOING, ALL USE OF THE USER CONTENT BY YOU IS ENTIRELY AT YOUR RISK AND mUni DOES NOT VERIFY, SCREEN THE USER CONTENT AND ALL USE OF THE USER CONTENT BY YOU IS AT YOUR OWN RISK AND mUni SHALL HAVE NO LIABILITY FOR SUCH USE. WE DO NOT ENDORSE IN ANY MANNER USER CONTENT.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
You agree to pay Fees if you choose to purchase the products or services of Education providers by using and access to Our Services and you shall be solely liable for payment of Fees including without limitation for all taxes, levies, or other statutory charges or other charges of whatsoever nature as may be applicable in relation to such purchase of products or services of Education providers and also for use and access of such products or Services using mUni platform . You hereby indemnify and hold mUni harmless against any and all claims by any tax authorities or any other local, central, government or statutory authorities in relation to payment of taxes or any other charges, cess, duties, levies and any penalties and/or interest thereon in respect of Your purchase of such products or services of Education Providers.
You authorize Us and/ or the Educational Providers jointly and severally, as the case may be for the collection of payments of Fees directly to us on Our Website or on the website of third party service providers or Education Providers linked to Our Website. You will comply with laws relating to copyright and other intellectual property use, and to privacy and personal identity including without limitation all the applicable laws and rules and regulations for your use and access and other activities in relating to the Services. You represent that You are accessing this mUni's Website from a territory or jurisdiction wherein it is lawful to access and use this mUni's Website and contents contained therein and You shall be solely responsible to comply with the applicable local laws and rules including without limitation laws relating to privacy, e-mail, data or internet, data, e-mail or any such other applicable laws in force.
You represent and warrant that for the purpose of payments of Fees, You authorize Us to supply with credit card/debit card information for processing the payment transactions. We and Education Providers shall not be liable in any manner whatsoever on account of misuse of Your password, information, debit or credit card number, bank account details etc. and You shall keep Us fully indemnified in this regard.
You are solely responsible for all service, data, telephone /mobile charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
You grant us right to collect fees owed using any other collection process in case of failure of existing payment method chosen by You. We may also block Your access to any Services pending resolution of any amounts due by You to mUni.
You agree and acknowledge to be bound to Our refund and cancellation policies as may be solely decided by mUni from time to time. We and/or Education Providers may at Our/mUni's sole discretion may refund Your refund of Fees in case the Educational Programs are cancelled by the Education Providers due to any reason of force majeure events provided the same is not cancelled or postponed due to any default on the part of Education Providers. Any refund of Fees shall be subject to Our Refund Policy and the same shall be final and binding upon you. We reserve the right to change, alter or modify, add or delete the refund policy solely at Our discretion. The decision of mUni shall be final and binding upon the Users and Education Providers.
You agree, understand and acknowledge that the Education Providers shall be solely responsible in the event of any cancellation and/or postponement of the Educational Programs arising on account of any default, breach, misconduct and/or non-compliance of any Terms and/or applicable laws or any other applicable terms and conditions on the part of the Education Providers. In such case Users shall not hold Us liable for refund of Your Fees. In such event, the Education Providers shall be solely responsible to refund to the learners/registered Users refund of fees paid by such learner/registered Users to the Educational Providers and/or mUni as the case may be for such Education Programs including without limitation for any other charges, claims, expenses of whatsoever nature incurred or suffered by the Users or any third parties shall be borne and paid solely by the Education Providers and mUni shall not be liable for the same. The Users and the Education Providers shall keep mUni fully indemnified in this regards.
The Users expressly agree, acknowledge and understand that the Users shall be solely responsible to directly deal with and resolve/settle any claims or issues or complaints arising in respect of all aspects of Educational Programs offered or sold by the Education Providers to the learners/Users including without limitation for quality, fitness, accuracy, genuineness, materials and contents, certification and all aspects of such Education Programs, for all acts and omission that occur on mUni's Website in connection with Users account or password provided by mUni and Muni shall not be responsible for the same. We shall have unfettered rights to suspend or terminate Your account or refuse or restrict any and all present or future use of the Services by You without any liability to You and You shall keep Us fully indemnified in this regard.
The access to and use of the Services including without limitation Content, User Content, mUni's Content, Courses and any other material made available on or through the use of the Services is provided on an "as is" basis, and any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights are hereby disclaimed to the full extent permitted by applicable law by mUni. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
The Users understand, agree and acknowledge that mUni shall under no circumstances be liable or responsible for any loss, injury or damage to the Users and/or Education Providers, or any other party whomsoever, arising on account of and in relation to the Services or as a result of the Educational Program(s) being in any way deficient, defective, in unfit condition, infringing/ violating any laws/ regulations/ Intellectual Property Rights of Users, Education Providers or any third party. The Users hereby agrees, confirms and acknowledges that the Educational Programs are owned by the Education Providers and that mUni is merely a facilitator for sale of the Educational Program(s) belonging to the Education Providers and hence, mUni is not responsible/ liable for the Educational Program(s), its syllabus, course content, structure, its function and condition and selling and financial obligations, Intellectual Property Rights related thereto or those displayed, whatsoever. Under no circumstances shall mUni be liable for any damages or losses including, but not limited to, any consequential, indirect, special, punitive or incidental damages or loss of profits, whether foreseeable or unforeseeable, based on claims of the Users or Education Providers or any third party or mUni arising out of the Services. This clause shall survive expiry or earlier termination of these Terms.
All Intellectual Property rights in and title to the Website, mUni's Content, software, the trade mark and brand name, or such other service mark or logo, owned exclusively by mUni and any other software used in the provision of the Services, shall remain with mUni. It is expressly understood by the Users that this arrangement/transaction does not and shall not transfer any ownership or proprietary interest in any portion of the Services provided pursuant to this Terms.
mUni shall not be responsible for any system outages, downtime or any delay or unavailability of the Services, loss of materials, data, transactions or other data of whatsoever nature on its Website or on Third Party Platforms.
You shall, at its own cost and expense agree and acknowledge to indemnify and hold the mUni, its directors, employees, officers, affiliates and agents (collectively "Indemnified Persons") harmless and keep the Indemnified Persons at all times fully indemnified from and against any and all losses, liabilities, claims, actions, costs and expenses, including reasonable attorneys' fees and court costs (collectively "Claims"), relating to, resulting from or in any way arising from (i) breach of any of its representations, warranties or obligations contained herein or in any other document issued by the Users or Education Providers;(ii) any claim, suit or proceeding brought against mUni alleging that (a) the sale of any Educational Program(s) provided by the Education Providers through mUni constitutes infringement of any Intellectual Property Rights; and (b) the use of any brands, trademarks and logos of the Users by mUni or use of User Content or any other content (provided or approved by the Users) by mUni constitutes an infringement of any Intellectual Property Rights; (iii) any defects or deficiency in the quality, quantity, standards or the nature of the Educational Programs; (iv); fraud or fraudulent misrepresentation by the Users;(v) breach of any applicable laws or laws of any other foreign jurisdiction by the Users. (vi) suspension or cancellation of the Educational Program(s) by mUni and/or the Educational Providers for any reason whatsoever. This indemnity clause shall survive termination.
mUni at its sole discretion reserves the right to terminate, suspend, modify, or delete or discontinue, stop its Services or use or access to the Users as it may deem fit and the same will be final and binding upon the Users.
Entire Agreement. These Terms and any policies applicable to You posted on Our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Set-Off: mUni may, without limiting any other rights or remedies it may have, set off any amounts owed to it by the Users under this Agreement against any amounts payable by it to the Users for use and access of the Services or otherwise.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of mUni to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid or email.
Survival: Any provision which by its nature is intended to survive termination (or has been expressly specified to survive termination) shall survive.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither mUni nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Arbitration: Any and all claims, disputes, questions or controversies involving the Users and mUni and arising out of or in connection with this Agreement, or the execution, interpretation, validity, performance, breach or termination hereof (collectively, "Disputes") shall be referred by arbitration under the Indian Arbitration and Conciliation Act, 1996 for the time being in force. The arbitration shall be conducted by a Sole Arbitrator appointed by mUni. The award passed by the Arbitrator shall be final and binding on both parties. The Arbitration proceedings shall be held in Mumbai and shall be conducted in English language. The award passed by the Arbitrator in pursuance of such Arbitration proceedings shall be held in Mumbai. The award passed by the Arbitrator in pursuance of such Arbitration proceedings shall be binding upon the parties hereto.
Exclusive Jurisdiction: The Courts of Mumbai shall have exclusive jurisdiction in respect of all matters in respect of this Agreement.
Governing Law: These Terms shall be governed by the laws of India.
You hereby agree, acknowledge and confirm that mUni has full authority to revise these Terms at any point of time as it may deem fit and same will be final and binding upon the Users.