Terms & Conditions
Updated September 12, 2022
- Effective Date: The Effective date shall be the date on which a User has created its account/profile on the website.
- Services: It shall include both the services listed on the Site and related app and or any other services offered on this Website by the Company.
- Product: It includes the website and the app-based platform that will be offered to the Users along with the services.
- User: it shall include both registered and unregistered members.
- Member: It shall include every individual or entity signing up on the website or are registered users of the services offered on the website.
- Parties: The term shall be understood in context of any agreement between the Company (as one party) and User (as second Party).
- Visitors: shall be referred to unregistered users on the website.
2. NATURE OF SERVICE
GuruQore, digital product, will allow creatives from various areas (e.g. life, mental, art, music, dance, yoga, martial art, sport, academic, business, etc.) to use software tools to streamline their business workflow related to their vocation of teaching/coaching others. Our tools are designed to streamline their non-core tasks, build their brand online, and provide the latest digital experience to their customers (i.e. students). We will work with software engineers, data engineers, branding experts, customer care professionals and other partners to support GuruQore customers by providing customer support services and build new tools.
You agree that by clicking “Join”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with GuruQore (even if you are using our Services on behalf of a company). If you do not agree to this present Terms mentioned hereinunder, do not click “JOIN” (or similar) and do not access or otherwise use any of our Services. Your use of our Services is also subject to our Terms and policies as may be updated from time to time on the website.
5. ASSENT AND DEEMED CONSENT
5.3. In order to access all the sections of the site and avail services of the Company, user must register for an Account.
5.4. The user understands and agrees that the information provided them on the platform shall be used by the Company to provide them with analytical data in order to provide enriched experience.
6. JURISDICTION OF CONTRACTING PARTIES
You are entering into this Contract with the Company (also referred to as “we” and “us”). and your personal data provided to, or collected by or for, our Services is controlled by the Company Private Limited.
7. MEMBERS AND VISITORS
When you register and join the GuruQore Service, you become a Member. You need to be registered to access the app.
9.1. Service Eligibility: The Services are not for use by anyone below the age of 18 years. To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one GuruQore account, which must be in your real name; and (3) you are not already restricted by GuruQore from using the Services. “Minimum Age” means 18 years old. However, if law requires that you must be older in order for GuruQore to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
9.2. Your Account: Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.
9.3. Notices and Service Messages: You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date. Please review your settings to control and limit the messages you receive from us.
10. RIGHTS AND LIMITS
10.1. As between you and Company, you own the content and information that you submit or post or add to your profile on the website or the app while utilizing the services and you are only granting GuruQore and our affiliates the following non-exclusive license: A right to use such content or information for the accurate and specific use in the provision of service, without any further consent, notice and/or compensation to you or others.
10.2. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- The ownership of the content and information is with you and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
- By submitting suggestions or other feedback regarding our Services to GuruQore, you agree that Company can use and share such feedback for any purpose without compensation to you.
- You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful.
- Company reserves the right to limit your use of the Services, as and when necessary.
- Company reserves the right to restrict, suspend, or terminate your account if it is believed that you may be in breach of this Contract or applicable law or are misusing the Services (e.g. violating any Do and Don’ts).
- The Company shall not be liable for any indirect, special, or consequential loss, damage, claims, liabilities, charges, costs, expense or injury (including, without limitation, loss of use, data, revenue, profits, or business that may arise out of or result from use of the services provided by the Company.
Subject to any agreement entered into between the Parties on the contrary, the Company shall not be liable to any member, visitor, user or third party to make good the loss or refund or make any payment arising out of any unpaid fees for services undertaken by the user of the services of the Company for any third party. It is made explicitly clear herein that the Company shall not be liable for any monetary payment or commercial transaction, or for any action resolving the dispute, to the user or the third party whom user is providing its services by using the Product of the Company.
12.1. Subject to Applicable Laws, each Party (the “Indemnifying Party”) agrees to indemnify the other Party (the “Indemnified Party”) and its directors, officers, employees, agents and representatives against any losses, damages, liabilities, cost or expenses, claims, suits, actions, proceedings, demands, penalties, fines, judgments, awards, or damages (hereinafter referred to as “Demand”) arising out of
- The proven gross negligence or wilful misconduct of the indemnifying Party or its representatives or affiliates vis-à-vis its obligations under this Agreement.
- Misrepresentation by the Indemnifying Party to the other Party or third Parties;
- Non-compliance by the Indemnifying Party with relevant obligations under all applicable laws in relation to the subject matter of this Agreement; or
- Any material breach of this Contract by the Indemnifying Party or any of its affiliates of any representation, warranty, covenant, Agreement or other obligation contained in this Agreement.
13. INTELLECTUAL PROPERTY RIGHTS
The Company reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. GuruQore logos and other GuruQore trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Company or its affiliates.
14. NO WARRANTY DISCLAIMER
To the extent allowed under law, the Company and its affiliates (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and no infringement); (b) do not guarantee that the completeness, security, reliability, quality, accuracy, or availability of the services, and (c) provide the service (including content and information) on an “as is” and “as available” basis. The Company will not be liable for any losses, damages or claims by you or any third-party in this regard.
15. EXCLUSION OF LIABILITY
15.1. To the extent permitted under law, the Company and its affiliates shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content).
15.2. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
Both you and Company may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: Our rights to use and disclose your feedback.
17. DISPUTE RESOLUTION
17.1. The Parties agree that any dispute between the Parties, which cannot be settled mutually by negotiation, may be resolved exclusively by Arbitration and such dispute may be submitted by either party to arbitration within 30 days of the failure of negotiations. Arbitration shall be held in Mumbai, India and conducted in accordance with the provision of Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. Each party to the dispute shall appoint 1 arbitrator each and the two arbitrators shall jointly appoint the third or the presiding arbitrator. The arbitration proceedings shall be conducted in English language.
17.2. Subject to the above, the courts of law at Mumbai alone shall have the jurisdiction in respect of all matters connected with the Contract. The arbitration award shall be final and binding upon the Parties and judgment may be entered thereon, upon the application of either party to a court of competent jurisdiction.
17.3. Each party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including fees and expenses of the arbitrators, shall be shared equally by the Parties unless the award otherwise provides.
18. FORCE MAJEURE
18.1. If either Party is temporarily rendered unable, wholly or in part, by Force Majeure to perform its duties or accept performance by the other Party under this Agreement, it is agreed that the affected Party shall give notice to the other Party with immediate effect giving full particulars of such Force majeure. The duties of such Parties as are affected by such Force Majeure shall, with the approval of the other Party, be suspended during the period of disability so caused, but for no longer period, such cause shall be removed with all reasonable dispatch.
18.2. The “Force majeure” as employed herein shall mean acts of God, strikes, lockouts, industrial disturbances, war, blockades, insurrections, riots, epidemics, civil disturbances, explosions, fire, floods earthquakes storms, lightning and any other causes similar to the kind herein enumerate which are beyond the reasonable control of any Party and which by the exercise of due care and diligence any party is unable to overcome.
18.3. If the situation of Force Majeure lasts for a continuous period of more than one (1) months, this Agreement can be terminated by mutual consent and in such event the Party frustrated from performing its obligations shall be absolved from performing the balance portion of its obligations under this Agreement.
19. GURUQORE “DO’S” AND “DON’TS”
19.1. Do’s – You agree that you will:
- Comply with all User Terms of Service, including the terms of this Policy;
- Comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and regulations promulgated by any government agencies;
- Use commercially reasonable efforts to prevent unauthorized access to or use of the Services;
- Keep passwords and all other login information confidential;
- Monitor and control all activity conducted through your account in connection with the Services;
- Promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts or teams, including any loss, theft, or unauthorized disclosure or use of a username, password, or account; and comply in all respects with all applicable terms of the third party applications, including any that Customer elects to integrate with the Services that you access or subscribe to in connection with the Services.
19.2. Don’ts – You agree that you will not:
- Permit any third party that is not an Authorized User to access the Services;
- Share, transfer or otherwise provide access to an account designated for you to another person;
- Use the Services to store or transmit any Customer Data that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property, or that may be tortious or unlawful;
- Upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or any third party;
- Attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
- Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
- Use the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
- Impersonate any person or entity, including, but not limited to, an employee of ours, an “Administrator”, an “Owner”, or any other Authorized User, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
- Authorize, permit, enable, induce or encourage any third party to do any of the above.
20. COMPLAINTS REGARDING CONTENT
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
21. CHANGES TO SERVICE
The Company reserves the right to withdraw or amend the Services, and any service or material we provide via the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or the Services, or the entire Platform, to users, including registered users.
The Company reserves the right to amend this Terms of Services at any time by posting the amended terms on the Platform. It is your responsibility to review these Terms of Services periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Platform and the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform and the Service.
23. HOW TO CONTACT US
If you want to send us a note, please contact us at [email protected] .