This Master Client Agreement governs the relationship between the Client (hereafter "you") and Mastering IT, and further governs your use of the Mastering IT services. In addition to Mastering IT websites and affiliated services, the present agreement governs your practice.
Please carefully review the terms of the present agreement. Through your express move of subscribing, you are acknowledging that you have read, fully comprehended, and are fully aware of all the aspects, implications, and effects of the present agreement. By signing the present agreement, you expressly consent to being bound by its terms without any restrictions or qualifications, and you also agree to comply with the local laws and regulations that are in effect when you sign the contract.
Features of the Web Site
chat rooms, and email services, which allow users to provide feedback and interact with each other in real time. It is each user's responsibility to post or send material on bulletin boards, web logs, chat rooms, and other public posting areas on this website - you alone are responsible for what you post or send. We do not control the messages, information or files that you or others may provide through the website. By using the website, you agree not to:
- Restrict or inhibit any other user from using and enjoying the website.
- Use the website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the website.
- Use the website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.
- Use the website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the website to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the website. Occasionally, we offer access to an online community as part of our programs. The goal of the group is for every member to add value. Creating the best community for you is our goal. We reserve the right to remove anyone at any time. It's rare for us to do this, but we want to let you know how seriously we take your communities.
Disclaimer
We may provide links and pointers to third party Internet websites throughout the website. Links to third-party websites do not imply endorsement or sponsorship of such websites or the information, products or services they offer. Additionally, we do not operate or control in any way any information, products, or services that third parties may provide on or through their sites.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Mastering IT. Any information provided by Mastering IT or any third party is not guaranteed to be accurate, complete, or useful. Furthermore, Mastering IT neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the websites by anyone other than an authorized Mastering IT representative while acting in his/her official capacity.
The information, products and services offered on or through the website and by Mastering IT and any third-party websites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this website, or the servers that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the website or materials on this website or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Payment, Charges and Refund
Every client who subscribes to the courses available on the website has to prepay the amount highlighted at the payment screen emanating from the Mastering IT or its affiliate’s server, and on successfully making of the payment, the client will be intimated of the successful payment, resulting in the requisite access to the services of Mastering IT to the client.
A client who cancels before the start of the course forfeits 15% of the amount they paid as a result of administrative reasons.
In the event that a cancellation is made within 30 days after the course begins, 33.5% of the course fee will be forfeited.
After 30 days from the start of the course, there are no refunds provided.
Note: It is clarified that subscription becomes finalised and the requisite access is granted on making of the payment of course fee.
Confidential Information
During the term of this Agreement, Mastering IT 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, Mastering IT “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 Mastering IT personal ad campaigns, Proposal Templates , and any email support whether or not identified as Mastering IT “Confidential Information”, in whatever media, electronic or otherwise.
Non- Disclosure
No client will, without prior written consent of Mastering IT, remove from Mastering IT or Mastering IT Affiliate’s online premises or disclose Mastering IT “Confidential Information” to any third party or otherwise jeopardize the confidential nature of the Mastering IT “Confidential Information” and the Client will not use such Mastering IT “Confidential Information” other than for the purposes of this Agreement. The client agrees that all Mastering IT “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 Mastering IT. The Client, if is a non-individual entity, shall direct and cause its employees, officers and directors to whom the Mastering IT “Confidential Information” is disclosed to be informed of and agree to be bound by the restrictions upon disclosure and use of Mastering IT “Confidential Information” as contained in this Agreement and further expressly acceding to be bound by the substantive Non-Disclosure Policy of Mastering IT.
Mastering IT declares that it will not, during or after the terms of this Agreement, permit the duplication or disclosure of any Mastering IT “Confidential Information”.
Injunctive Relief
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 Mastering IT or the owner of such information, and cannot adequately compensate in damages. Accordingly, Mastering IT 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 Mastering IT and are reasonable in scope and content.
No Licence
Nothing contained in this agreement shall be construed to grant the Client any right or license under any Intellectual Property right of Mastering IT. “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.
Title, Proprietary Rights
Services for hire
All services performed hereunder, including but not limited to the Worksheets, Pinups, Slides, Spreadsheets, Example Sales Calls Recordings, Checklists, Private Video presentation Templates/Scripts, Swipe Files of Mastering IT personal ad campaigns, Proposal Templates, Mentorship Sessions and any email support, business methods, programs, ideas, concepts and all other documentation developed for or relating to Mastering IT or the course and all documents, data and other information of any kind including information incorporating, based upon or derived from the foregoing, including reports, self-revision notes prepared by the clients or in case of a non-individual client its employees and agents, and all other material which may not form part of the present agreement but is pivotal for successful completion of course developed or created by Mastering IT shall be and shall remain the property of Mastering IT and may not be used by the client or its employees for any other purpose except for the benefit of Client. Client shall not sell, transfer, publish, disclose, rent, lease, loan, license, or otherwise make available to others any part of the course material or copies thereof and Client shall treat the same as “Confidential Information”.
All applicable rights to patents, copyrights, trademarks, trade secrets and all other Intellectual Property Rights in and to the Service Product are, shall vest and shall remain in Mastering IT and neither any Client nor its employees, if a non-individual client, shall have any interest in the Service Product.
Indemnification
Losses Defined
For purposes of this agreement, “Losses” means all claims, actions, losses, Liabilities, damages and Costs (including Taxes) and all related costs and expenses (including reasonable attorney’s fees and disbursements and costs of investigation, litigation and settlement).
Indemnification and Defense
Client undertakes to indemnify, defend and hold Mastering IT and/or its Affiliates and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all Losses arising out of or relating to:
- Any act or an attempt to act that constitutes piracy of the material provided by Mastering IT, which is covered under the Mastering IT “Confidential Information”, that might have an adverse effect on the business, credibility or goodwill of Mastering IT, and if the same adversity is caused by the aforementioned action of the client and is calculable in terms of money, then the Client will be liable to indemnify Mastering IT against any such damage without prejudice to other legal remedies available to Mastering IT.
- Any claim alleging breach by the Client of any obligation, representation or warranty made by Client in this Agreement or Client or its employees’ obligations with respect to “Confidential Information”
After Sales Services:
Mastering IT assures that in their attempt to provide satisfactory service to the client, Mastering IT will attempt to provide after sale services, if mentioned in the course details to the client in the form of live sessions and Mastering IT further declares that its agents will be available for clarifying any query a client may have. During the period the Client may have access to the course as per the terms. Mastering IT will make all the efforts to give any support in an expeditious manner.
Publicity and Exhibition of Results
On entering into the present agreement, the client relinquishes certain rights in favour of Mastering IT including right to publicize and exhibit the resultant success of the client after pursuing the Courses offered by Mastering IT.
Mastering IT is under no mandate to take any prior permission from the client to publicly display their success through display of client’s improvement and his/her business augmentation eventuating from the courses subscribed to by the Client.
Other than as contemplated by the previous sentence or otherwise in this Agreement, Mastering IT will not use any trademarks, copyrights, service marks logos, Confidential Information or other Proprietary materials of Client without the consent of the Client Note: It is clarified that incase the Client has some issues with displaying of Client’s credentials with the resultant success of the course as part of Mastering IT Public Portfolio, then a written intimation is to be tendered to Mastering IT. Thereafter Mastering IT may decide to accede to the request of the client on examining various factors.
Transfer/ Assignment of Accessing Rights
It is unequivocally made clear that under no circumstance any Client will be allowed to transfer his/her/its accessing right to materials offered by Mastering IT by transfer of their subscription. Any discernible act of transfer will lead to breach of this present agreement, and thus will entitle Mastering IT to forfeit the subscription amount paid by the Client.
Also any downloading and further assignment of any material that may or may not comprise of Mastering IT “Confidential Information” or Mastering IT Service/Product is prohibited and the client should refrain from downloading and assigning the proprietary material provided by Mastering IT.
No Guarantee
Mastering IT does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of Mastering IT may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
Severability
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
Dispute Resolution
Dispute
In an event of any dispute, controversy or claim arising out of or relating to this Agreement or any subsequent amendments to this Agreement including, without limitation, the breach, termination, validity or invalidity thereof or any non-contractual issues relating to this Agreement, each of the parties will make efforts to resolve such dispute or to negotiate for a resolution.
Arbitration
- All disputes, controversies or claims between the Parties hereto arising out of or relating to this agreement (including, but no limited to, disputes as to the Validity, interpretation, performance, breach or with respect to damages upon termination of this agreement) which are not settled pursuant to the issue resolution procedures set forth above, will be settled by final and binding arbitration in accordance with the following.
- Except as specified herein or otherwise agreed to in writing, the arbitration will be conducted in accordance of and in conformity with the Indian Arbitration and Conciliation Act, 1996 (as amended up to date), in effect at such time (The Rules), by a panel of Single Arbitrator selected by Mastering IT in accordance of the Rules. It is clarified that before invoking the present clause for initiation of the arbitration proceedings a 15-day notice of dispute is to be tendered by the effected party to provide adequate time for compliance of this clause.
- The sole arbitrator is authorized to tender awards of monetary damages and injunctive relief or both. The sole arbitrator may, at its discretion, order one party to reimburse the other party for all or any part of (i) the expenses of the arbitration paid by the other party, or (ii) the attorney’s fees and other misc. expenses reasonable incurred by the other party in connection with the arbitration.
- It is expressly understood and agreed that the pendency of a dispute hereunder shall at no time and in no respect constitute a basis for any modification, limitation or suspension of Mastering IT and Client’s obligation to fully perform in accordance with the terms of this Agreement.
Governing Law; Class Action Waiver\Governing Laws
This agreement shall be governed exclusively and solely by and construed in accordance with the laws of India and Bangalore (KA) in specific and incase of any conflict of laws and promulgations of a foreign country and the laws of India, the Indian law will prevail.
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY- IT MAY SIGNIFICANTLY AFFECT LEGAL RIGHTS. The Client agrees that they will resolve any claims on an individual basis and that any claims brought under this Agreement or in connection with the agreement will be brought in an individual capacity and not on behalf of, or as part of, any purported class, consolidated or representative proceeding. The Client further agrees that he/she/it shall not participate in any consolidated, class or representative proceeding (existing or future) brought by any third party arising under this Agreement or in connection with the agreement. If any court or arbitrator determines that the class action waiver set forth in this clause is void or unenforceable for any reason or a claim can be proceeded on a class basis, the claims must be adjudicated within the territory of Bangalore and within the jurisdiction of courts in Bangalore.
Miscellaneous
Entire Agreement
This agreement constitutes the entire agreement between the parties and superseded any or all prior to contemporaneous agreement, understanding, negotiation, warranty or representation between the parties in connection with the subject matter of this Agreement.
Waiver
The failure of either party to promptly enforce or seek remedy for the breach of any provision of this Agreement shall not constitute a waiver of such provision or any part thereof. No term or provision shall be deemed waived, and no breach hereof shall be deemed consented, to, unless such waiver of or consent to any other term or provision.
Overriding Clause
It is clarified that incase of any discernible contradiction that may arise between the present agreement and any other policies, agreements, contracts or terms of Mastering IT, then the present contract will have an overriding effect on other policies, agreements, contracts or terms till the extent of that contradiction.
Definitions
Time of Subscription
Time of Subscription is the moment the client agrees to the terms of the present agreement and make the payment for the course opted by him/her.
Signing of the contract/agreement
The contract will be considered as signed and accepted when the user clicks on the “Register” button.
Non-Individual Client
Non Individual Client means any entity/proprietorship/ partnership that consists more than one person or more than the minimum required persons to form.
Disclosing Party
The Party that discloses any confidential information in execution of the present agreement.
Recipient Party
The party that receives the confidential information in execution of the present Agreement