Welcome to www.bemasterly.com (“Website”) which is the owner and provider of, BeMasterly (Website and BeMasterly are hereinafter collectively referred to as “Platform”) a Platform that aims at empowering educators by digitizing their day-to-day activities so that they can focus on their core activity of teaching. The Platform is owned and managed by Genext Students Private Limited (“Company”). Genext Students Private Limited is a wholly owned subsidiary of Navneet Futuretech Limited (“NFL”).
In this Terms of Services "we", "our" and "us" refers to the Company and "you", "your" and/or “Users” refers to the user of the Platform. Our Platform is for the users intending to avail the Services. The users of our platform can be tutors, owners/admins of coaching institutes, students and parents. You must be 18 years of age or older to visit or use the Platform in any manner. If you are under the age of 18, you should review this Terms of Service with your parent or legal guardian to make sure that you and your parent or legal guardian understands and agrees to it and further, if required, you shall perform or undertake such activities which will entitle you to enter into a legally binding agreement with the Company. By visiting this Website or accepting this Terms of Services, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by this Terms of Services.
This Terms of Services is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, rules made thereunder, and any other applicable statutes, as amended from time to time. This Terms of Services does not require any physical, electronic or digital signature.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at email@example.com we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Services.
Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as the Company will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
The Company will provide the Services, and standard updates to the Services that are made generally available by the Company during the term. The Company may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.
Subject to all the terms and conditions of the Agreement, the Company grants non- exclusive, non-transferable, non-sublicensable right and license to access and use the Platform and the Service(s) solely for your business purposes or for educational purposes, but only in accordance with the Agreement and these Terms of Services (including without limitation any applicable service-specific terms), the documentation, and all applicable scope of Use descriptions.
Use of Services on the Platform is available only to persons who can form legally binding contract. When you create an account with us, you guarantee that you are above the age of 18 years, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform. In case the Service needs to be used by a person under the age of 18 years, then the account must be created by the parents or legal guardian who has agreed to these Terms of Services. In the event a person below the age of 18 years utilizes the Service, it is assumed that he / she has obtained the consent of the parents or legal guardian and such use is made available by the parents or legal guardian. The Company will not be responsible for any consequence that arises as a result of misuse of any kind that may occur by virtue of any person registering for the Service.
You are responsible for maintaining the confidentiality of your account and/or password, including but not limited to the restriction of access to your computer, mobile device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third- party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
When you use the Services or send emails or other data, information or communication to the Platform you agree and understand that you are communicating with the Company through electronic modes and other telecommunication modes and by using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send via any and all electronic, digital and other telecommunication modes. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at firstname.lastname@example.org.
The Company, group companies, parent or subsidiaries companies of the Company based on any form of access to the Platforms (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through WhatsApp, SMS, email, and call or in any manner as it may deem appropriate, to give information about its products as well as notifications on various important updates including market communication and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, WhatsApp, send updates on WhatsApp, SMS, e-mail or in any manner as it may deem appropriate and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to our employees, associates and partners so that you may be contacted for education information and promotions through telephone, WhatsApp, SMS, email, or any other social platform means, etc.
Membership on the Platform: The Company reserves the right to charge fees and change its policies thereafter and from time to time. The Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event the Company reserves the unrestricted and discretionary right to change, rearrange, add or delete services offerings, the selections in those offerings, prices, and any other service may offer, at any time and accordingly, reserves, the right to introduce fees for the new services and/or for some or all of the existing services on the Platform, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Platform. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company. The Company will endeavor to notify you of any such change and its effective date.
Pricing / typographical error: If the Company comes across any typographic errors with respect to pricing or services information, the Company shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 90 (ninety) business days of such corrective action taken. (to reconfirm if we should add such a clause).
The Company may conduct competitions from time to time and you agree to allow the Company to use the submissions by you including but not limited to videos, written content, images, craft work, etc. for promotional purposes. All rights will be reserved by the Company for usage of such submissions by you. You additionally permit the Company to use every kind of information submitted by you like photos, videos, etc. for promotional campaigns as it so pleases and you will cease to have any rights on the same once your submissions are made to the company.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, audio, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Platform, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
You shall not post, host, display, upload, modify, publish, transmit, store, update or share any Content or information on the Platform that:
You retain any and all of your rights to any Content you submit, post or display on or through the Platform and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Platform. However, by posting Content using Service you grant us non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of the Platform and the Service, who may also use your Content subject to these Terms.
In addition, any data, information, material and other content found on or through the Platform are the property of the Company or licensed to the Company. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said data, information, material or other content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You understand that the Company has the right at all times to disclose any information (including the identity of the User providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request, or in response to any court order or summons. In addition, the Company can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You may use the Platform and the Services only for lawful purposes and in accordance with these Terms of Services.
You hereby agree not to use the Platform and the Services:
Additionally, you agree not to:
The Company enables payments via payment service providers (“PSP”) partners and the User should take care not to share his personal UPI pin or OTP with any third party intentionally or unintentionally. The Company never solicits information such as UPI pin or OTP over a call or otherwise. The Company shall not be liable for any fraud due to the sharing of such details by the User. The providers providing Third Party Services / PSP partners shall not be liable for any fraud due to sharing of such details by the User.
While availing any of the payment methods available on the Platform, the Company shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Applicability of GST:
It is hereby confirmed that we shall not be responsible for any of your GST liability arising on the services rendered by you through the Platform or otherwise.
Further, in case of any tax, penalty or any other costs incurred by us due to non-compliance or non-communication or any other action or omission attributable to you in relation to the afore-mentioned aspects on GST, such implications including but not limited to taxes, interest and penalties, shall be immediately reimbursable by you to us.
We may use third-party service providers to monitor and analyze the use of our Service.
Some parts of the Services are interactive, and the Company is in no way responsible for the content, information or actions of other third parties, including other Users. You are solely responsible for your interactions and communications with other Users of the Services, and any other parties with whom you interact or communicate with through the Service. We reserve the right, but have no obligation, to become involved in any way with these disputes. You understand that the Company does not make any attempt to verify the statements of Users of the Services or to review any content.
Upon termination and as otherwise requested by the Company, You will promptly return to the Company all items and copies containing or embodying Intellectual Properties, if any.
Notwithstanding anything contained in this Agreement, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist's rights,” “droit moral,” or the like.
You agree to keep all technical and non-technical information, which the Company may have acquired before or after the date of this Agreement in relation to the technology, customers, business, operations, financial conditions, assets or affairs of the other Party resulting from negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relates to the contents of this Agreement (or any agreement or arrangement entered into pursuant to this Agreement), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, Customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of either of the Parties confidential or any other information designated as confidential from time to time.
The Platform and its original content (excluding Content provided by users), features and functionality, structure, expression, “look and feel”, all graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, wireframes, process flows and computer code (“Company Data”) are and will remain the exclusive property of the Company and its licensors. The Platform is protected by copyright, trademark, and other applicable laws in the jurisdiction applicable to the operations of the Company. Our trademarks may not be used in connection with any product or service without the prior written consent of the Company.
Except as expressly provided in these Terms of Services, no part of the Platform and no Company Data may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use, without the Company's express prior written consent. Company Data on the Platform is solely for your personal, limited and non-exclusive use. Use of the Company Data on any other web site or networked computer environment or use of the Company Data for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
We respect the intellectual property rights of others and expect our users to do the same. The Company may terminate in appropriate circumstances the accounts of users who infringe or are believed to be infringing the rights of copyright holders.
You may provide us either directly at www.bemasterly.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback shall not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub- licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Our Platform uses third party application program interfaces and may contain links to third party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
WE STRONGLY ADVISE YOU TO READ THESE TERMS AND CONDITIONS AND PRIVACY POLICIES ALONG WITH ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
During the term or any time after the termination of this Agreement, you will not (either directly or indirectly), solicit (other than general solicitations through newspapers or other media of general circulation not targeted at such Customers/employees of the Company) any employees or Customers of the Company; (ii) You will not hire any person, who is or was an employees of the Company or is or was a Customer of the Company, regardless of any solicitation activities, such Person is an employee or a Customer of the Company or any of its affiliates until the Company or its affiliates have been legally wounded/liquidated up under the applicable law ; and (iii) You will not, directly or indirectly, on its behalf or on behalf of or in conjunction with any Person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any non-clerical employee, officer, director, independent contractor, advisor, consultant or otherwise with whom it had personal contact or supervised while performing his/her work, to terminate their employment relationship with the Company and/or its Affiliate(s).
THE PLATFORM AND SERVICES AND THE COMPANY DATA ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR PLATFORM AND THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE PLATFORM THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR CLAIMS BY YOU OR ANY THIRD-PARTY IN THIS REGARD.
YOU WILL HOLD US AND OUR LICENSOR, OFFICERS, DIRECTORS, EMPLOYEES, OTHER LICENSEE AND AGENTS HARMLESS FOR ANY LOSS, DAMAGE, OR CLAIM, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY CENTRAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS OR TERMS OF SERVICE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR CLAIMS.
IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, THE COMPANY'S MAXIMUM AGGREGATE LIABILITY WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES ON THE PLATFORM.
UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, INCLUDING BUT NOT LIMITED TO THE INFORMATION, CONTENT, MATERIALS ON THE PLATFORM, OR ANY PART THEREOF. WHILE THE COMPANY SHALL TAKE REASONABLE PRECAUTIONS AGAINST SECURITY BREACHES, THE PLATFORM OR INTERNET TRANSMISSION IS NOT COMPLETELY SECURE, AND AS SUCH, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR.
The term of subscription is for one (1) year from the date of payment.
Renewal: The subscription plan shall stand auto-renewed on a yearly basis provided that consideration for the Services is paid in advance by the User. In case the User fails to make payment for the Services or the payment has not been made by the User before the end of subscription, the Company will cease to provide the Services in any capacity. The subscription charges are likely to change without prior notice.
If the User avails any additional services in addition to the subscription plan selected, then the term of the additional services so availed shall also be deemed to expire along with the expiration of the subscription plan as selected.
If the User does not make payment or makes irregular payments, the Company may, in its sole discretion, terminate the subscription plan availed by the User and/or discontinue the Services without notice.
We may terminate or suspend your account and bar access to the Platform or any of the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Services or any other Agreement.
If you wish to terminate your account, you may simply discontinue using Service and shall forthwith make all the payments to the Company.
Upon termination of this Agreement:
These Terms of Services shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions, and any disputes relating to these Terms and Conditions and other Agreements will be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport, any endemic, pandemic, epidemic or outbreak of any disease including COVID- 19.
We reserve the right to withdraw or amend our 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.
We may amend these Terms and Conditions at any time by posting the amended terms on the Platform. It is your responsibility to review these Terms and Conditions 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.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert any right or provision under Terms of Services shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Services will continue in full force and effect.
The Company may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms of Services without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Services.
BY USING THE PLATFORM OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, requests for technical support by email: email@example.com
In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the name and contact details of the Grievance Officer are provided below:
Name: Genext Students Private Limited
Address: 1A, Benefice Business House, 1041 Mathuradas Mill Compound, NM Joshi Marg, Lower Parel, Mumbai - 400 013