THE BORING BIT. OUR LAWYERS SAY WE HAVE TO DO THIS.IntroductionMasteringIndia is an online service (the “Service”), available on our website at MasteringIndia (the “Site”), which allows users (“Users”) to watch educational content (“Courses”) created and uploaded to the Site by themselves or other Users..The Site is operated by or on behalf of SLX Swiss Learning Exchange S.A. (SLX, we, us and our). We are a limited company, registered in Switzerland.These terms and conditions govern the relationship between SLX and Users (referred to herein as “you”). It does not govern any relationship which may be formed between one User and another User. If a User wishes to engage another User to create a bespoke course, we recommend that a separate agreement is entered into in respect of that engagement. SLX shall have no liability to any User in respect of such an agreement.Your use of the Site or any of the Service offered on the Site is subject to these terms and conditions and by using our Service you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 31 May 2018.Account typesThere are three types of User account in SLX:
- “Public”. Users with Public accounts (“Public Users”), which are available free of charge, have access to the basic features of the Service, as set out on our Site. When a new User signs up, they will be a Public User unless their account was created by a company with the rights to create Business Users. A Public account can be upgraded (see “Change of account type” below).
- “Premium”. Users with Personal accounts (“Premium Users”) have access to premium features, as set out on our Site. This type of account requires an ongoing paid subscription (see “Payment and subscriptions” below).
- “Business”, also known as “Enterprise” or “Corporate”. Users with Business accounts (“Business Users”) have access to additional premium features, as set out on our Site or provided in writing in a quotation from us. Business User accounts are controlled by a company or organisation (“Company”). One or more Users from the Company have overall responsibility for other Users accounts associated with the company (“Company Admins”). This type of account requires an ongoing paid subscription.
Creating an accountTo use the Site, you must first register to set up an account with us by completing the account registration form on the Site. You only need to register once.To register, you must be at least 14 years of age and have the necessary authority, power and right to use any personal or confidential information you intend to include in your Projects or Templates. It is your responsibility to ensure you satisfy these criteria before choosing to register with us. By registering, you confirm to us that you meet these minimum eligibility criteria.To register, you must provide us with an accurate and up-to-date email address. You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.Username and passwordUpon registration for an account with us, you will be asked to create a password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password (see Contacting us). Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.Profile, Content visibilityUpon successfully completing the registration process, SLX will produce a publicly visible profile page for you (“Profile”). For all types of User, this will contain: your username; any publicly viewable Templates; and any additional information that you have added to your Profile. Logged in Users may also see Courses on the Profile that they have been granted access to see by You or a Company Admin.Our ServiceFollowing Courses, Experiences and ExchangesAs a User of the Service, you may follow any of the courses you have access to. If you are a Public User all your courses will be visible (though not editable) and discoverable via your Profile and other pages on the Site. For other types of User, courses you follow are private.Publishing, downloading and embedding CoursesSLX reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Subject to these Terms and our policies (including the course-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. Oaur Services are only for your personal, non-commercial use, unless you obtain SLX's written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.Unacceptable contentBy uploading content on the Site, you confirm that your Course does not contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that:
- infringes any intellectual property rights or data protection, privacy or other rights of any other person;
- is defamatory or in breach of any contractual duty or any obligation of confidence;
- is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground);
- is liable to cause anxiety, alarm or embarrassment;
- is knowingly false or misleading; or
- does not comply with all applicable laws and regulations or is otherwise objectionable.
Consumer Cancellation RightsFor the purposes of this clause, a consumer, in accordance with the Consumer Contracts Regulations, means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. If you are a sole trader using the Services mainly for your trade, you will not have the consumer rights set out in these terms.Where you are a consumer and have purchased a Personal Account subscription, you normally have the right to cancel a Contract within 14 days after the date you subscribe to the Personal Account subscription. However, you acknowledge that we provide the Personal Account Service immediately following acceptance of your purchase (which, by clicking on the [“Pay now”] button, you request us to do) and that you will have no right to change your mind and cancel under the Consumer Contracts Regulations once you have accessed your Personal Account. If you cancel before you access your Personal Account (and within the 14-day period), then the charge you pay us will be refunded.Intellectual propertyAll intellectual property rights in the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us. We also own the intellectual property rights for all templates created by Us, which are subject to their own IP terms. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us and you acknowledge that you do not acquire any ownership rights by accessing the website.Course ModificationsWhile we take pride in our world-class courses, unexpected events do occur. SLX reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.No Academic CreditUnless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. SLX, the course instructors, and the associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.Disclaimer of Student-University RelationshipNothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which SLX may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.ConfidentialityThe terms for each account are confidential, and must not be disclosed to persons outside the Company.Access to the Site; Acceptable useWe cannot and do not guarantee that the Site or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any application or website and its content.You agree that you will not, nor allow anyone else to, use your account or any Service:
- to access or attempt to access any Service which you are not authorised to use;
- to interfere with or disrupt the provision of any Service or use any Service in a way that interferes with anyone else’s use of any Service;
- to further any criminal or fraudulent activity or to impersonate another person;
- to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights); or
- to otherwise be in breach of any acceptable use guidelines that we may issue from time to time.
We care about the security of our users. While we work to protect the security of your account and related information, SLX cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing info ( at ) slxlearning.comService suspension and terminationWe may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.We may, with or without prior notice, suspend and/or terminate any Service and/or your use of your account in the event that:
- you have breached any of these terms and conditions; or
- you have missed a payment for your subscription; or
- you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
If you have breached these terms and conditions, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
- issue of a warning to you;
- immediate, temporary or permanent removal of any content submitted by you;
- immediate, temporary or permanent withdrawal of your right to use any Service;
- legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
- disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we deem appropriate.Closure of accountYou can close your account at any time by notifying us in writing (see Contacting Us), though subject to the Consumer Cancellation Rights (above) if applicable, we do not give refunds for unused time. On closure of your account, your courses and Profile information, plus any Templates created by you that are not being used by other Users, will be deleted. However, Templates created by you that are already being used by other Users may continue to be available to those Users.In the case of Frozen accounts, we will continue to store your Projects, Templates and Profile information for a minimum period of 2 (two) years after the account was Frozen. We reserve the right to close the account and delete your Courses, Experiences, Exchanges and Profile information at the end of this period.Our liabilityNothing in these terms and conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. Any liability we do have for losses you suffer arising from any use of the Service shall not in respect of any 12-month period (calculated from the date of that Contract) exceed the greater of (i) the charges payable by you for the relevant Service in that 12-month period; and (ii) CHF50; and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your purchase is accepted by us.We will not be liable or responsible for any failure to perform or delay in performance of, any Service that is caused by events outside our reasonable control.GeneralYou may not transfer or assign any or all of your rights or obligations under any of these terms and conditions.All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.If we fail to enforce any of our rights, that does not result in a waiver of that right.If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.These terms and conditions may not be varied except with our express written consent.Apart from any separate agreement entered into between us and a Company Admin concerning the provision of premium accounts, these terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the Service. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.These terms and conditions shall be governed by Swiss law, except that (if you are a consumer and not a business user) and if you live in a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of Swiss law.You agree that any dispute between you and us regarding these terms and conditions will only be dealt with by the Swiss courts, except that (if you are a consumer and not a business user) and if you live in a country (of the European Union other than England, you can choose to bring legal proceedings either in your country or in Switzerland, but if we bring legal proceedings, we may only do so in your country.Contacting usPlease submit any questions you have about these terms and conditions or an order you have placed or ordering in general, or any complaint or concern in relation to any Service by email to info ( at ) slxlearning dot com or write to us at:SLX Swiss Learning Exchange SA, bluefactory, 1 Passage du Cardinal, 1700 Fribourg, SwitzerlandDocument version: 1.0 Last updated: 30 May 2018