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”).
These Terms of Service (“Terms”/ “Terms of Service”) along with Privacy Policy and other terms and conditions of the Platform, govern your visit and use of the Platform for student engagement, content delivery, administration tools, digital learning solutions through video conferencing, collaboration, or otherwise and related services, support, professional services offered on the Platform (together or individually referred to as “Service”) operated by the Company. Use of the Services is also subject to the Company's Privacy Statement, a link to which can be found by selecting “Privacy Policy” in the footer of the Company's website. The Privacy Policy noticed at www.bemasterly.com is incorporated into this Agreement by this reference.
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.
Please read these Terms of Services carefully. By accessing the Website, and utilising the Services on the Platform, you indicate, agree and acknowledge that you understand, agree and consent to this Terms of Services, our Privacy Policy and other terms and conditions of the Platform (“Agreement”), and to the collection and use of information in accordance with this Terms of Services.
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 care@bemasterly.com we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
These terms together with all the commercials, scope constitute the entire agreement between Genext Students Private Limited (“BeMasterly” or “the Company”) and the Customer ("Customer”) availing the services ("Subscription”) on Company’s Website (“Website”)
a) All payments need to be paid by the Customer on signing of this Agreement and before the commencement of services.
b) The Company shall supply the deliverables to the Customer within fifteen (15) days of completing the formalities.
c) All payments need to make in favour of Genext Students Private Limited
d) Payment mode: DD/Cheque/RTGS/NEFT / Credit Card
e) The Customer understands that non Payment will lead to deactivation of services.
f) The Customer undertakes to comply with all the GST laws as applicable and the Company take no responsibility for the Customers’ obligations towards GST.
g) The subscription term will end on the expiration date and the Customer cannot cancel the Subscription before its expiration date. BeMasterly will not provide refunds if the Customer decides to stop using the subscription during the term.
h) The Company will endeavor to notify you of any such change and its effective date.
a) All the Content, if provided to the Customer under this Agreement shall be sole property of BeMasterly and BeMasterly is the absolute owner of the Content, including all the Intellectual Property in the Content.
b) The Customer agrees that BeMasterly is providing the Content only for the Customers’ usage on a non-exclusive, non-transferable, non-sublicensable basis and the license to use the platform and the Subscription services is solely for the Customer’s business purposes or for educational purposes only in accordance with the Agreement and these Terms of Services (including without limitation any applicable service-specific terms).
c) The technology and software underlying or related to the Service is the property of BeMasterly, our affiliates and our partners (the “Software”). Content for the purposes shall include but not be limited to the question bank, mock tests & papers, study materials, instructional videos, book references, voice notes, educational theory, Software, practice to facilitate learning etc. provided from time to time by BeMasterly.
d) The Customer further agrees not to misuse or harm the Content provided by BeMasterly. In case if there is any loss, damage to BeMasterly for the misuse of Content by the Customer the Customer agrees to keep BeMasterly fully indemnified.
e) BeMasterly 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 Subscription service.
f) By posting Content on or through the platform, the Customer represent and warrant that: (i) content is of the Customer and it has the right to use it and the right to grant BeMasterly the rights and license to use the content as provided in these Terms, and (ii) that the posting of the Customer’s 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.
g) The Customer shall not post, host, display, upload, modify, publish, transmit, store, update or share any content or information on the Platform that:
a) The Customer's use of the Subscription is at Customers’ sole risk, the Subscription is provided on an “as is” and “as available” and a paid basis. BeMasterly expressly disclaims any and all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
b) BeMasterly makes no warranty that (i) the Subscription will meet member's requirements, (ii) the Subscription will be uninterrupted, timely, secure, or error- free, (iii) the results that may be obtained from the use of the Subscription will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by the member through the service will meet member's expectations.
c) The material as part of the Services and as appearing on the Website could include technical, typographical, or photographic errors. BeMasterly does not warrant that any of the material on the website or platform is accurate, complete or current. While, BeMasterly may make changes to the material made available as the Subscription services or on the Website / Platform at any time without notice, however it is under no obligation to update the material.
a) Enrolment to the Subscription is at the sole discretion of BeMasterly and it may refuse Subscription to any applicant without assigning any reasons.
b) The Subscription prices may vary for different Customers depending on the services used, demography conditions and discounts run by BeMasterly at given time at their own discretion.
c) All data relating to BeMasterly users shall be protected and used by BeMasterly in the manner indicated in BeMasterly Privacy Policy.
d) On enrollment stage, BeMasterly will check with the Customer if student database can be retained by BeMasterly. However, the Customer can select the Opt Out Option if the Customer is unwilling to share the student database post the deactivation of subscription.
a) The Customer shall not allow third parties to:
b) The Customer shall request BeMasterly to block the account and change the password immediately for the account, if the credentials of the Customer have been lost or stolen.
c) The Customer is responsible for any and all activities that occur in its Subscription account. The Customer agrees to notify BeMasterly immediately of any unauthorized use of the account or any other breach of security. BeMasterly shall not be liable for any loss to Customer or its organization owing to negligent actions or a failure on Customer’s part, loss or theft of the Customer’s credentials and/or any unauthorized access in the Customer’s Account, either with or without Customer’s knowledge.
d) The Customer agrees that BeMasterly shall retain and use all the data including personal information generated / gathered during the term of the subscription of services for any and all commercial / non-commercial purposes.
a) When the Customer uses the Subscription services or sends emails or other data, information or communication on the platform the Customer agrees and understands that it is communicating with BeMasterly through electronic modes and other telecommunication modes and by using the Subscription service, the Customer agree to subscribe to newsletters, marketing or promotional materials and other information BeMasterly may send via any and all electronic, digital and other telecommunication modes. However, the Customer may opt out of receiving any, or all, of these communications from BeMasterly by following the unsubscribe link or by emailing at care@bemasterly.com.
b) BeMasterly may, 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 Customer through WhatsApp, SMS, email, and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The Customer expressly grants such permission to contact him/her through telephone, WhatsApp, SMS, e-mail 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, the Customer agrees to make its contact details available to BeMasterly employees, associates and partners so that the Customer may be contacted for education information and promotions through telephone, WhatsApp, SMS, email, etc.
a) The Customer will not disclose any information provided by BeMasterly to the Customer including the Content, questions, etc. user list, customers list, name and addresses, ideas, business model, processes, concepts etc. to any third party (“Confidential Information”) that has been disclosed to the Customer or come into Customers’ knowledge during the Subscription term.
b) The Customer acknowledges and agrees that the Confidential Information provided shall at all times be the property of BeMasterly and any breach of the same shall cause irreparable damage to BeMasterly.
c) This clause shall survive the termination of this Agreement.
a) The Customer acknowledges and agrees that the services provided by BeMasterly may contain contents that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with the Customer’s use of the Subscription the Customer shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
b) The Customer shall not copy, reproduce, distribute, or create derivative works or modify the Content that is available on its platform and Website. Also, the Customer shall not attempt to decompile or reverse engineer or reverse compile our technology/ Software that is available on the Website or transfer the material to another person or “mirror” the material on any other server, including, without limitation, such Java applet, as may be associated with the website and/ or the Subscription services from time to time.. Any rights not expressly granted herein are reserved by BeMasterly.
c) All logos and trademarks on BeMasterly website, input devices, mobile apps and catalogues are owned by BeMasterly.
a) Any Customer may terminate his/her BeMasterly Subscription.
b) Disqualification of BeMasterly Customer, arising out of his/her misconduct, fraud, misuse of the application or acts in a manner inconsistent with any central/state/local laws, statutes or ordinances, may result in immediate termination of Subscription.
a) The Customer expressly understand and agree that BeMasterly shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if BeMasterly has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from:-
b) BeMasterly shall not be liable for the loss and/or damage of the confidential information or data of the Customer / user arising as a result of an event or a series of related events, that is beyond its control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
c) The maximum aggregate liability of BeMasterly under this Agreement shall be the subscription amount paid by the Customer.
a) BeMasterly takes reasonable steps to protect the personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.
a) BeMasterly team will be available to respond to the Customer within an hour between the working hours of 10:00AM-7:00PM from Monday to Friday. In case the Customer shares a concern between 7:00PM-10:00AM, the team will reply on Help & Support and schedule the Customer’s next interaction.
b) BeMasterly reserves the right to decide the priority / criticality of the queries raised by the Customer and may resolve the same based on its assessment and available resources.
c) Every query/request or bug needs to be registered by the Customer on Help & Support else no action will be taken on the same. The Customer Success Team will be available on call only from 10 am to 7 pm, from Monday to Friday.
d) In case the customer informs about rescheduling more than twelve (12) hours prior to the demo slot, it won’t be considered as a rescheduling and would not use one of the two attempts of rescheduling allowed.
e) BeMasterly gives the Customer a product demo before the invoice and only make a commitment on the features already present in the product. It is BeMasterly’s jurisdiction to consider the Customer feature request in upcoming iterations and the contract is independent of it. The customer cannot stop the payment for any feature request.
f) The delivery of the Customer’s sub-domain will be within seven (7) working days after the logo has been shared from the Customer’s end. BeMasterly does not take the ownership of designing and developing anybody’s logo and must receive the logo in the prescribed format for best results.
g) BeMasterly shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.
h) BeMasterly shall have the right to transfer, assign and sell in any manner, in whole or in part, BeMasterly application to any third party of its choice without reference or intimation to the BeMasterly users or customer.
i) If any provision of these Agreement is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
j) Any failure on the part of BeMasterly to require performance of any provision of these Agreement shall not affect its right to full performance thereof at any time thereafter, and any waiver by BeMasterly of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
k) All claims and disputes arising under the terms and conditions should be notified to BeMasterly within fifteen (15) working days from the event date after which no BeMasterly user shall have any claim against BeMasterly.
l) The Terms and conditions, set herein, shall be governed by the laws of India only.
m) All disputes arising under the terms and conditions shall be attempted to be resolved through negotiations. Only in the event such negotiations are unsuccessful, the member shall resort to legal recourse, which shall be subject to the exclusive jurisdiction of the competent courts in Mumbai only.
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: care@bemasterly.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
email: care@bemasterly.com
