PLEASE READS THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR PLATFORM YOU AGREE TO BE BOUND BY ALL THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.
www.myclassgenie.com is operated and provided to you by My Class Genie, a sole proprietorship through its proprietor Vandana Dhir, having its office at Block 3, Flat 13A, Silver Spring Apartments, 5 JBS Halden Avenue, Kolkata 700105 ("My Class Genie").
My Class Genie is an educational marketplace and/or aggregation platform that operates a website www.myclassgenie.com and provides for academic and/or extra-curricular activities for children as well as adults which enables them to enhance their skills and the parent and individual can choose which course to attend based on their will and/or review according to the availability of the courses.
The platform has collaborated with various institutions /brands/ teachers/ affiliates to assist the User with the courses (Activity) being offered and conducted. MCG enables transactions between those Users of the Platform who are offering their professional Services (Service Provider) and those users who are obtaining the Services (Service User) and provides the Service User a platform to register, book and pay online for these activities (Services) or get redirected to the Service Providers website. For the purpose of these Terms and Conditions, the Service Provider and Service Users shall collectively be referred to as the User.
The User shall be required to register himself with the website and will have to disclose its personal information including but not limited to, (i) Name, email, ID, photograph, location and other contact information (ii) Gender and other demographics (iii) Birthdate and year to validate the current age (iv) Email address of the parent and/or guardian, if required
The User will be charged a fixed convenience fee per transaction, if any.
For accessing the Services, the User will have to create an account on completion of the registration process. The user shall be provided with a login and password for an activity, subscription or sign up. It will be the User's responsibility to maintain the confidentiality of the password and account, and he/she shall be solely responsible for all the activities that will occur under the said account or password.
MCG hereby grants the User, the limited right to access, view and use the Platform only for the purpose of accessing, viewing, posting or submitting User material, using the embedded link function, placing orders or accessing information, applications and services. MCG reserves its right to suspend or deny, in its sole discretion any access to all or portion of the Platform. The license is limited to personal and non-commercial uses by the User.
You agree and undertake that when using the services, you will not : 1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others. 2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information 3. Falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other material contained in a file that is uploaded. 4. Any information provided by you on this site shall not be misleading in any way
The User may establish a link to one or more site(s), provided that 1. The link is legaland not detrimental or damaging to and/or does not take any unfair of our reputation or business 2. The link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, phonographs or illegal activity 3. The link does not falsely or misleading imply or suggest that We endorse, approve of or are associated with the linked website, its web pages or any other content 4. Framing of any site on any other website is not allowed and the User must not provide access to the site or part of it under any other URL.
MCG may withdraw the User's right to link to any site without notice at anytime on their sole discretion.
Where any site and/or application contain links to other websites, web pages, resources, or mobile services which are proprietary to any third parties, other users and/or advertisers or sponsors, the User shall access the same at their own risk and the Platform shall not be held liable for the content or operation of third party websites, web pages, resources or mobile services.
MCG shall provide the Service user information pertaining to each Service Provider's expertise by creating a profile of the Service Provider which shall contain details of the Activity, pricing and availability of such Activity and an integrated payment gateway to book such activity. It is hereby by the Service Users that all commercial terms such as eligibility criteria (age/ skill), class fees, class timings, batch, venues, seat availability, minimum and maximum period of enrolment etc. Relating to the Services offered by Service Provider are provided by the Service Provider alone. MCG doesn't have any control nor does it determine or advise or in any way involve itself in the offering or acceptance of such terms between the Service Provider and the Service User. MCG shall, however, through the MCG Service offer support services to the Users in respect of hyperlocal discovery, listing services, providing a booking portal, payment terms and collection, reviews, ratings and/or feedback, and other support services for which it would charge a booking / convenience fee and an online transaction fee charged by the payment gateway to MCG.
The Service User acknowledges that MCG does not make any representations and/or any warranties in respect of the Services provided by the Service Provider and as to the legal title, creditworthiness, identity, etc. of any of the Service Providers. The Service Users are hereby advised and instructed to independently verify the bona fides of any particular Service Provider that they choose to deal with/engage using the Platform and use their best judgment in that behalf. All the offers provided by the Service Providers and any third-party offers are subject to their respective party terms and conditions and MCG takes no responsibility or liability for such offers.
The Service Users agree that MCG has neither made any representation or warranty as to the specifics (such as quality, value, merit, worth, utility, saleability, etc.) of the Activity and/or the Services offered and/or extended on the Platform nor does it implicitly or explicitly support or endorse the Activity and/or the Services on the Platform. MCG accepts no liability for any errors or omissions, whether on behalf of itself, the Service Provider or any third parties.
The Service User shall not take any action which amounts to the following: a) Commit to availing or using a Service without booking on the Platform. b) Signing up for, negotiating a price for, using, or otherwise soliciting the Services with no intention of following through with the use of or payment for the Services. c) Agreeing to avail the Services when the Service Users do not meet the Service Provider's terms as outlined in the listing on the Platform. d) Misusing any options made available now or in the future by MCG in connection with the use of or availing of any Services.
In the event the Service User posts any review, rating and/or feedback on the Platform of any Service availed by such Service User, they shall be considered the sole author of that review, rating and/or feedback. The review, rating and/or feedback shall reflect the actual experience of the Service User. The Service Provider shall not be paid or otherwise remunerated in connection with their authoring or posting of the review, rating and/or feedback and should have had no financial, competitive, or other personal incentive to author or post the review, rating and/or feedback that was not a fair expression of their honest opinion.
The Users agree that MCG shall not be held responsible for any non-performance or breach of any contract (including but not limited to request for change of batch/timing/venue or request for cancellation after booking) entered into between the Service Provider and the Service User on the Platform. MCG cannot and does not guarantee that the concerned Service Provider and/or any third-party engaged by it will perform any transaction concluded on the Platform. MCG shall not be held responsible for unsatisfactory or non-performance of Services or damages or delays as a result of such Services. MCG bears no responsibility for the actions of the Service Provider or the Service User and does not control such actions. It shall be the responsibility of the Service User to exercise their own discretion and conduct necessary checks and inquiries when engaging with the Service Provider and/or any third-party engaged by it.
If any Service User requests any change / rescheduling in the Activity, for instance, session, batch timings, duration, available slots, venue, fees and/or curriculum, the Service User shall directly request the Service Provider for such change / rescheduling of Activity. The Service User may reschedule a batch / session booked with the Service Provider at the sole discretion of the Service Provider subject to prior approval by the Service Provider and availability of a slot and MCG assumes no responsibility or liability in respect of such rescheduling / change requests by a Service User. However, it shall be the responsibility of the Service Provider to update such change in batch / session on the Dashboard so that the Platform reflects the correct availability of open slots for every batch and MCG shall not be liable to any User for any claims arising from such a change.
It is hereby agreed by the Service Provider that all commercial terms relating to the Services are accepted by the Service User alone. MCG does not have any control nor does it determine or advise or in any way involve itself in the offering or acceptance of such commercial terms relating to the Services between the Service Provider and the Service User. MCG shall, however, through the MCG Service offer support services to the User in respect of hyperlocal discovery, listing services, providing a booking portal, payment gateway and collection, reviews, ratings and/or feedback, and other support services for which it would charge a booking / convenience fee and an online transaction fee charged by the payment gateway to MCG.
MCG provides the Service Providers with a platform to list their activities, receive registrations, bookings and payments directly into their account, for which MCG may at its discretion charge the Service Providers with a fee. Each Service Provider who signs up with MCG shall be provided with a personalised dashboard functionality ("Dashboard") to efficiently manage their Activity classes. The Service Providers shall relevantly provide data inputs for such Dashboard, to manage their Activity class, batch timings, duration, available slots, fees. Service Providers can view the status of their bookings and payments from the Dashboard.
The Service Provider shall be hyperlinked to the said platform shall make payment to the said platform as a marketing cost on the COST PER CLICK or the CPC revenue model i.e., depending on the number of clicks which shall be tracked by the said platform and charged at a mutually acceptable rate per click. This is in addition to the registration fee as and not inclusive of it. The said platform shall make a payment gateway for the portals of Service Provider, if they are not having an existing website and/or gateway for themselves. The payment would be done using MCG's Payment Gateway and registered bank account, including the convenience charges. The same would be transferred to the Service Provider bank account on the 21stday of every month after deduction of the transaction fee, if any.
The Service Provider shall provide the platform with an elucidation of his/her profile and keep the said platform updated regarding the same.
In consideration of the said platform also being a review based wherein the Users are encouraged to review and provide feedback on the classes and/or events and/or activities conducted by the Service Provider. It is expressly agreed that the said Platform shall not in any case be responsible or bound to implement views expressed by the third party nor liable for the same whatsoever.
The said platform shall be based on the Cost Per Click (CPC) revenue model. MCG operates as a marketplace, where the Service Provider can submit bids for each user click on their respective portal. By clicking on a given rate, that user is referred to the economist Party's website where the user can complete its transaction. The Service Provider shall be charged for every click to their aforesaid portal, if any, as mutually decided.
The Service Provider shall be at liberty to do Display based advertising on the said platform, predominantly on a cost per thousand impressions or CPM basis, wherein the advertiser shall pay the MCG a fixed per-determined sum of money for each thousand impressions (i.e., views) of their advertisement. Under the CPC Model, revenue accrues to the publisher each time the user views the advertisement, irrespective of whether he/she takes any action like clicking on the advertisement or not.
The Service Provider agrees that they shall solely assume all risks associated with the content provided by them on the Platform relating to the fees, taxes, date, duration, course and curriculum of the Activity. While MCG reserves the right to remove any content from the Platform, MCG shall have no control on the actions, comments and/or content posted by any User and does not guarantee the accuracy, integrity or quality of any actions, comments and/or content and shall not be responsible and/or liable in any manner for the same.
The Service Provider shall be solely responsible for providing information relating to the Activity offered by the Service Provider on the Platform from time to time. In this connection, the Service Provider undertakes that all such information shall be true and accurate in all respects. The information provided by the Service Provider shall not be exaggerated or overemphasized and the attributes of such Activity shall not be such so as to mislead other Service User in any manner whatsoever.
In the event the Service Provider hires or engages any third party for provision or assistance in any Services offered by the Service Provider on the Platform, the Service Provider shall be solely responsible and liable for any acts, omission(s) and/or commission(s) by such third parties in respect of the Services provided to the Service User.
The Service Provider shall ensure that details pertaining to the Activity such as batch timings, duration, available slots, fees and/or curriculum are uploaded and constantly updated on the Platform by the Service Provider at all times. If there is any change / rescheduling in the Activity, for instance, session, batch timings, duration, available slots, venue, fees and/or curriculum, the Service Provider shall promptly update the same on the Platform and in addition, inform MCG as well as the Service Users who have enrolled for that particular Activity of such change. Subject to prior approval and availability of a slot with the Service Provider, the Service User may reschedule a batch booked with the Service Provider at the sole discretion of the Service Provider, and MCG assumes no responsibility or liability in respect of such rescheduling by a Service User. However, it shall be the responsibility of the Service Provider to update such change in batch on the Platform and MCG shall not be liable to any User for any claims arising from such a change.
In the event of any offline bookings at the Activity by any other user, the Service Provider shall expeditiously update the same on the Platform so that the accurate number of available slots are reflected on the Platform.
MCG retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade secrets, know how as well as any other intellectual property right) in relation to all information provided on or via this Platform. The User shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of MCG.
Prices and availability of products and services provided on the Platform are subject to change without prior notice and at the sole discretion of MCG. MCG may revise and cease to make available any product and/or services at any time.
The Platform is a paid service and the payments made by the User shall be according to the Plans opted by the User through the Platform. All payments by the Users shall be through the payment mechanism put by Us. Users have been given various options to choose and proceed with the payment for for the services.
Valid Credit/ Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing companies. We shall not be liable for any unauthorised use, fraud, payment refunds, lost amount etc. in the transaction.
The subscription can be cancelled any time by the User. There shall be zero cancellation charges provided the complaint is made within 14 days of the complaint arising and the user shall only pay for the classes that has been attended by them. The refund shall be made by the Content Provider, i.e. the any person and/or institution and/or brand responsible for conducting the courses and/or events and/or any other services as stipulated on the Platform. The amount payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by the Content Provider on the said Platform. Any free trials provided on the Platform, shall also b governed by these Terms.
MCG allows the User to submit, post, display, transmit perform, publish, distribute or broadcast content and materials including without limitations , articles, commentaries, photographs, text, music, videos, audio recordings, computer graphics, pictures, data, questions, comments suggestions or personally identifiable information. MCG may remove any of the content at its discretion.
The user may choose to write and post reviews on the Platform. MCG does not encourage the User to post any personal information on the platform. For the purpose of verification, MCG will review and scrutinise such reviews before publishing it.
These terms shall be governed by and construed in accordance with the laws of India without reference to the conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the court in KOLKATA, West Bengal, India.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or art of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
