Unless otherwise agreed between the parties, this Master Client Agreement serves the Client (hereafter “you”) and Mrs Daaku Academy (MDA) relation and further governs the usage of the MDA’s services by you.
The present agreement also administers the practice of MDA’s websites, MDA’s course platform (in this case Podia), Zoom coaching calls and MDA Facebook group (hereafter “the website”) and other affiliated services by you.
We advise and urge that you please carefully go through the terms of the present agreement. Your express move of subscribing constitutes an acknowledgement that you have, read and completely understood the facets, aspects, implications and effects of the present agreement and you expressly consent to be obliged by the terms of the present agreement without any sort of restrictions and qualifications and further you accept to comply with the local laws and rules and regulations that prevail at the time of signing of this contract.
1. GENERAL CONDITIONS
As the users/students of MDA’s products/services, we reserve the right to use your results, testimonials including text, video and screenshots from our community group in the marketing or advertising material. If you purchase the products/services, you explicitly agree to the same.
We reserve the right to refuse service to anyone for any reason at any time.
2. RIGHT TO USE
We grant you a limited right to use our products and services (or any other information or material) for business and professional purposes only.
3. CONFIDENTIALITY OF INFORMATION PROVIDED BY YOU
We would request you certain basic information for registration and being able to access our products and services.
4. LIMITATIONS ON USE
By using our Services, you agree not to:
(i) modify, prepare derivative works of, or reverse engineer, our products and services, unless specifically permitted to do so by a separate agreement;
(ii) knowingly or negligently use our products and services, in a way that abuses or disrupts our networks, user accounts, or the products and services,;
(iii) may not offer or enable any third party to use services purchased by you
(iv) transmit any harassing, indecent, obscene, fraudulent, or unlawful material;
(v) market, or resell the products and services, to any third party;
(vi) use the products and services, in violation of applicable laws, or regulations;
(vii) use the products and services, to send unauthorized advertising, or spam;
(viii) harvest, collect, or gather user data without their consent; or
(ix) transmit through the products and services, any material that may infringe the intellectual property, privacy, or other rights of third parties.
(x) generate income from the services or its use for development, production or marketing of a service allied to the services provided by us.
(xi) use the products and services, in violation of the terms and conditions as mentioned or in order to violates applicable law, including but not limited to anti-spam, privacy, and anti-terrorism laws and any other laws/regulations requiring the consent of subjects of recordings, and You agree that you are solely responsible for compliance with all such laws and regulations
5.CHANGES TO TERMS
We reserve the right to revise, amend, modify or delete portions of these Terms and Conditions at any time without notice to you.
By agreeing to these Terms of Service, you represent that you are an adult according to the age in your state or province of residence, or that you are the at least at the age of majority in your state or province of residence and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that you are under the age of 18 years or are otherwise ineligible.
7.ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
We shall not be responsible if information made available on this site is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
8.MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to change the prices of the services at any time without prior notice. We shall not be liable to the users or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We also reserve the right to modify, remove or charge extra for the bonuses that are provided right now.
WHAT DOES LIFETIME ACCESS MEAN?
If lifetime access was stated at the time of purchase, you will have lifetime access to the version of the Service you are purchasing for as long as the Service exists. This means you are not entitled to future Service updates, bonuses, or additional content added at a later date but you will maintain access to the version of the Service you purchased as long as it exists. If the Service you purchase is retired (discontinued), you will no longer have access to it.
MDA cannot guarantee that notice will be provided prior to discontinuing a Service. MDA reserves the right to retire (discontinue) a Service at any time with or without prior notice.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
10. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should betaken to indicate that all information in the Service or on any related website has been modified or updated.
13. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14. DISCLAIMER OF REPRESENTATIONS, WARRANTIES OR LIABILITIES
THE CONTENT AND ALL SERVICES ASSOCIATED WITH THIS APPLICATION OR WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS”AND “AS AVAILABLE” BASIS. MRS DAAKU ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THIS APPLICATION OR WEBSITE OR OF THE SERVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK. Mrs Daaku Academy MAKES NO REPRESENTATIONS,WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING
(i) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THIS APPLICATION OR WEBSITE OR
(ii) OF THE SERVICE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Mrs Daaku Academy ENGAGES AND EMPLOYS THE BEST METHODS TO SAFEGUARD AND PROTECT AGAINST VIRUSES,INFECTION., ETC, HOWEVER, DESPITE SUCH BEST EFFORTS, Mrs Daaku Academy MAKES NO REPRESENTATION,WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. WE DONOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WEMAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME WITHOUT NOTICE TO YOU.
IN NO CASE SHALL Mrs Daaku Academy, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSSOF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES,WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT INCLUDING, AND NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED, AS A RESULT OF THE USE OF THE SERVICE ORANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You shall defend, indemnify and hold harmless Mrs Daaku Academy and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, from and against all loss, damages, claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to:
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence)or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
(v) any breach of this Agreement by you, any misrepresentation or misuse of the service offered to you or any negligent or unreasonable or inappropriate use of the website or the services.
16. Confidential Information
During the term of this Agreement, MDA will be disclosing a well curated, intensively drawn up course to the Client comprising of valuable, confidential and proprietary information required for achieving the object of the course applied by the Client. This information will be varying from client to client depending on his/her needs and choice of course.
Unless specifically excluded in this Agreement, MDA’s “Confidential Information” shall mean any and all such information provided to the subscribed individual (client) or to which the subscribed individual has or is given access , in whatever form, verbal, electronic or video graphic, including, but not limited to, Worksheets, Pinups, Slides, Spreadsheets, Example Sales Calls Recordings, Checklists, Private Video presentation Templates/Scripts, Swipe Files of MDA’s personal ad campaigns, Proposal Templates , other materials on Private Facebook Group, Mentorship Sessions and any email support whether or not identified as MDA’s “Confidential Information”, in whatever media, electronic or otherwise.
Non- Disclosure: No client will, without prior written consent of MDA, remove from MDA or MDA’s Affiliate’s online premises or disclose MDA’s “Confidential Information” to any third party or otherwise jeopardize the confidential nature of the MDA’s “Confidential Information” and the Client will not use such MDA “Confidential Information” other than for the purposes of this Agreement. The client agrees that all MDA’s “Confidential Information” will be held in strictest confidence by the client and that such “Confidential Information” will not be copied, reproduced or altered either in whole or part by any method whatsoever, unless agreed upon in writing by MDA. The Client, if is a non-individual entity, shall direct and cause its employees, officers and directors to whom the MDA’s “Confidential Information” is disclosed to be informed of and agree to be bound by the restrictions upon disclosure and use of MDA’s “Confidential Information” as contained in this Agreement and further expressly acceding to be bound by the substantive Non-Disclosure Policy of MDA.
MDA declares that it will not, during or after the terms of this Agreement, permit the duplication or disclosure of any MDA “Confidential Information”.
Notwithstanding anything to the contrary in this section, if the recipient party learns that it is or maybe required by the applicable court’s order, law or regulation to disclose any “Confidential Information”, then the recipient party shall: (a) as promptly as possible after learning of a possible disclosure requirement, and in any case prior to making disclosure, notify the disclosing party (MDA) of the disclosure requirement so that the disclosing party, or the appropriate party may seek a protective order or other appropriate relief, (b) provide such co-operation and assistance as disclosing party may reasonably request in any effort by disclosing party or appropriate party to obtain such relief, and (c) take reasonable steps to limit the amount of “Confidential Information” so disclosed and to protect its confidentiality.
Client acknowledges that breach of this section or disclosure of other information which, at law or in good conscience or equity, ought to remain confidential, will give rise to irreparable injury to MDA or the owner of such information, and cannot adequately compensate in damages. Accordingly, MDA or such other party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies, which may be available. Client acknowledges and agrees that the covenants contained herein are necessary for the protection of legitimate business interests of MDA and are reasonable in scope and content.
Nothing contained in this agreement shall be construed to grant the Client any right or license under any Intellectual Property right of MDA. “Intellectual Property Rights” shall mean copyright rights (including without limitation, the exclusive right to use, make recordings of, reproduce, modify, adapt, edit, enhance, maintain, support, market, sell, rent, sublicense, distribute copies of, publicly and privately display and publicly and privately perform, exploit, exhibit, the copyrighted work and to prepare derivative works), copyright registrations, applications, trademark rights (including without any limitation the trade names, trademark services, service marks and trade dress) trademark and service mark registrations and applications, trade secrets, moral rights, author’s rights, right of publicity, contracts and licensing rights, rights in goodwill and other Intellectual Property Rights, as may exist now and/or hereafter comes into existence, and all renewals and extensions thereof regardless of whether any of such rights arise under the law of any state, country or jurisdiction.
Return of “Confidential Information”
Upon the earlier of (i) a request of the disclosing party; or (ii) the expiration or termination of this Agreement, the recipient party will return all “Confidential Information”, in whatever form or media, retaining no copies of the same in any form whatsoever , or destroy such “Confidential Information” and certify in writing to the disclosing party such destruction has been effected, Recipient Party’s obligation hereunder regarding “Confidential Information” shall survive the return or destruction of such “Confidential Information” or termination of this Agreement or completion of the services.
17. TRADEMARK, COPYRIGHT AND RESTRICTIONS
You acknowledge and agree that this website and any necessary software used in connection with the website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this application/website, including its “look and feel” (e.g.,text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material is protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights.
You acknowledge that the entire website and its contents including the software is owned or duly licensed to MDA and are protected by the Copyright laws in India and under international treaty provisions.
All trademarks, service marks, and logos used and displayed on this website are registered to and/or owned by their respective owners. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on theWebsite, without the prior written consent and permission of MDA or the respective owners. You may download or print a copy of the information provided on this website for your personal, internal and non-commercial use only.
Any distribution, reprint, reselling, piracy or electronic reproduction of any content from this website or our digital products as well as services in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent and may amount to civil and/or criminal action against such misuse as per the applicable law.
Neither party may assign its rights or delegate its duties under theAgreement either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign the Agreement to an affiliated entity, or as part of a corporate reorganization, consolidation, merger, acquisition, or sale of all or substantially all of its business or assets to which this Agreement relates. Any attempted assignment without consent will be void. TheAgreement will bind and insure to the benefit of each party’s successors or assigns.
19. TERMINATION –
Note: It is clarified that subscription becomes finalised and the requisite access is granted on making of the payment of course fee.
Duration – The duration of session and courses offered by MDA is for one year from the date of payment. MDA undertakes to give access to the requisite materials and expert sessions/classes/lectures to the subscribed client which will be post making of payment. To make use of the materials offered by MDA is completely left at the will of the client and MDA reserves no right to close any subscribers’ subscription for not completing their selected course within a specific period of time unless the contract gets terminated.
This Agreement may be terminated at any time as follows:
Termination for material breach– For any material breach or failure of performance by either party, the non-breaching party may (reserving all other remedies and rights under this Agreement and at law and in equity), terminate this agreement in whole or in part, by tendering a notice of termination which needs to be reverted to by the breaching party within a week of receiving the notice. The said notice should depict the breach caused by the breaching party and the breaching party should cure such breach or if such breach is incapable of being cured, termination shall be effective on receipt of notice.
Termination for convenience– MDA may terminate the present agreement in whole or in part at any time upon a week’s prior notice to the client, in the event MDA determines to terminate the subscription of the client or any other reason on its sole discretion. Upon termination pursuant to the present clause, MDA shall be under no obligation to the client, including reimbursement/refund of the subscription amount.
Termination for Unprofessional Conduct– If the client acts in an unprofessional manner including material theft, proprietary infringement, profanity, indecorous behavior in live sessions, sharing/sale of login id and password or any other act that may be labelled as unprofessional conduct by any reasonable man the contract will be liable to be terminated, with a right to forfeit the subscription amount.
Effects of termination– After receipt of notice of termination and except as otherwise directed by MDA: Any contractual relationship between MDA and the client will cease to exist. MDA will reserve its right to exercise any legal remedy available to it in case of any damage afflicted due to the client’s action
If a part of the contract is terminated then, both the MDA and the client will strive to continue with complying with the terms of the contract which are not terminated.
If otherwise provided, MDA has all the authority to restrict the access to the material offered to the client to any extent in case of termination.
Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.
If one or more provisions of this Agreement are held to be unenforceable under applicable law, then (i) such provision shall be excluded from thisAgreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.
22. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of theService, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms ofService).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
23. JURISDICTIONAL ISSUES/APPLICABLE LAW
MDA controls and operates this business from its office at Noida, Uttar Pradesh. This Agreement shall be treated as though it were executed and performed in Noida, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles).
All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Noida, India. All disputes that may arise shall be resolved in accordance with rules specified under the Arbitration and Conciliation Act, 1996.
The courts in Noida, India shall have the sole jurisdiction regarding the subject matter of this Agreement.
24. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at anytime at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
(a) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
(b) Force Majeure. Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party’s reasonable control and with out its fault or negligence, but not limited to, acts of God, war, riots, pandemic, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org