Welcome to Mauka Education (“Mauka”). These terms and conditions govern your use of our website, platform, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, our services catered online and offline, and the information, services and other materials contained therein (the “Website” or “Platform” or “Services”). Please review our Terms of Use, Privacy Policy and other policies available on our platform (collectively referred to as the “Terms”) that govern the use of our Services. B2B Specific Terms are detailed under Clause 5 of the Terms of Use. By accepting these Terms in any manner or accessing the website, you consent, agree, and undertake to abide, be bound by and adhere to the Terms and if you do not agree to these Terms, you are not entitled to avail of/use the Services and any use thereafter shall be unauthorised.
These Terms shall govern the use of various platforms provided by Mauka, including but not limited to Mauka hosted mobile apps, Website/s, Platform/s, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications, and other social media forums. These platforms are considered part of the ‘Services’ offered by Mauka. Please note that certain parts of the Services mentioned above are provided by third-party service providers. By using these Services, you agree to adhere to the terms and conditions set by these third-party providers. Mauka shall not be held responsible for any disruptions in service caused by these third-party providers.
Mauka does not guarantee that the platform operates, or is legally permitted to operate, in all geographic areas. Furthermore, Mauka does not claim that the platform, or the Services offered, are suitable or available for use in all locations. Accessing the platform from territories where it is deemed illegal, or where any content or functionality of the Services is illegal, is strictly prohibited. If you decide to access the Services, you acknowledge and agree that you do so at your own initiative and risk, and you are solely responsible for complying with all applicable laws.
By using the Mauka platform, you confirm that you are at least eighteen (18) years old or of the legal age required in your jurisdiction to enter into a binding contract. If you are under the age of 18 or under the legal age to enter into a binding contract, you may only use the platform under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms on behalf of a child under 18, please be aware that you are fully responsible for their use of the platform, including any financial charges and legal liabilities they may incur.
By using the platform, you represent and warrant that you have the necessary rights, authority, and capacity to enter into these Terms of Use and to comply with all the terms and conditions outlined herein. Please note that the programs offered on the platform are not intended for individuals under the age of 18.
Mauka Education is an online educational platform that provides online courses, workshops, and other educational resources to users (“You / Your / Client / User”). The Services may include, but are not limited to, training, educational material, mentoring, access to video lessons, interactive exercises, quizzes, and other learning materials.
To access our Services, you may be required to register with Mauka Education. When you register, you agree to provide accurate, current, and complete information about yourself as requested during the registration process. You are solely responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password.
By agreeing to these terms, you commit to never disclosing or granting access to your user account to any third party, under any circumstances. Additionally, you acknowledge that you will create, utilize, and access only your account, and you shall refrain from using any account other than your own.
You agree to use the Services only for lawful purposes and in a manner that does not interfere with the use and enjoyment of the Services by others. You agree not to use the Services in any way that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.
By accepting these Terms, you acknowledge and accept that all information you provide is true, up-to-date, and complete. You also agree to maintain and update your information to ensure its accuracy, and completeness.
It is important to understand that if any information you provide is found to be false, inaccurate, outdated, or incomplete, we reserve the right to terminate your access to Mauka’s Services.
In addition to the registration process, while using Mauka’s Services, we may collect specific information about you and your performance within the program/course. This information may include Personally Identifiable Information. We may utilize, retain, and store this information to deliver specific services to you both presently and in the future. Furthermore, we may share this information with our Educational Partners, or third parties as may be necessary to provide these services or for marketing purposes. As further detailed in our Privacy Policy, we may disclose certain materials or information about you to third parties, including your grades/scores in our classes.
Access to the Programs is restricted to attendees or students who have specifically been granted access by Mauka. By registering your User Account, you agree that:
During your use of the platform and Services, you will:
Regardless of your registration under the DND (Do Not Disturb), DNC (Do Not Call), or NCPR (National Customer Preference Register) service, you grant us authorization to contact you directly or through third parties for the aforementioned purposes for a period of 365 days starting from your registration with us.
All content available through Mauka via it’s Services is the exclusive property of Mauka and/or licensed to Mauka. The software, text, images, graphics, videos, and audio used on the website are owned by Mauka. No material from the website may be copied, modified, reproduced, republished, uploaded, transmitted, posted, or distributed in any form without the prior written permission of Mauka, except for the limited permission granted by Mauka to access and display the web pages on your personal computer for non-commercial use.
This permission is subject to the following conditions:
You acknowledge that accessing and using the Mauka’s content is at your own risk, and you shall be solely responsible and liable for any damages or losses incurred by you or any other party. For the purpose of these Terms of Use, “Content” includes recommendations, reviews, videos, audio clips, comments, courses, information, data, text, photographs, software, scripts, graphics, and interactive features provided by Mauka. Content added, created, uploaded, submitted, distributed, posted, or obtained through the website by users shall be referred to as user content.
All B2B clients and their learners are subject to these Terms of Use, unless explicitly stated otherwise. These Terms of Use should be read in conjunction with the Agreement entered into with the B2B user.
B2B users and their learners can access the content by logging in using the login ID and password provided by Mauka under the Agreement. Learners acknowledge and agree that they must not share their login credentials with any third party. In the event that unauthorized usage is discovered, Mauka reserves the right to promptly cancel the entity's license.
Once services have been purchased, no refunds are applicable for the services utilized by the B2B entity and its learners. Unless expressly agreed upon by Mauka, cancellation does not entitle the B2B entity or its learners to any refund.
Mauka shall not be held liable for any non-utilization of services by the user after they have been purchased, regardless of the reason.
You are strictly prohibited from engaging in any activities that violate or attempt to violate the security of the Mauka platform or any associated platforms. Such activities include, but are not limited to:
Violations of system or network security may result in civil or criminal liability. Mauka shall thoroughly investigate any such violations and may cooperate with law enforcement authorities in prosecuting users involved in such activities.
Furthermore, you agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Mauka platform or any activities conducted on it. You also agree not to use any unauthorized tools, agents, or mechanisms (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the platform, except for the search engine and search agents provided by Mauka on the platform or generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).
While Mauka strives to ensure the security of user accounts and related information, it cannot guarantee that unauthorized third parties will not be able to breach its security measures. Mauka has implemented security measures to protect user accounts but cannot provide an absolute assurance against unauthorized access.
You shall at all times, from the date of accepting these Terms maintain the secrecy of and shall keep confidential, any and all information and documents which you may come to know of / acquire in connection with use of Services (collectively “Confidential Information”) and shall not use or disclose such information except for discharge of your respective obligations any agreement with Mauka or if required by law.
Confidential Information shall include all information and materials relating to or arising from use of Services in any form whatsoever, and information which is by its nature confidential or which the discloser advises the recipient is confidential. Confidential Information shall not include information which is presently in the public domain or subsequently enters the public domain without any lapse on your part. You agree not to disclose any confidential information to any third party, unless such disclosure is permitted to your legal counsel, advisors, or government officials to the extent necessary for the purpose of carrying out the transactions agreed upon with Mauka under any agreement. Any such disclosure requires prior written approval from Mauka. You are obligated to return any information obtained from Mauka, including any copies made in either physical or digital form. You must keep all Confidential Information confidential, regardless of when it was disclosed, and treat it as such while it is in your possession.
You acknowledge that any breach of Confidential Information will cost irreparable injury to Mauka, which cannot be compensated by monetary damages and as such Mauka shall be entitled to seek injunctive relief against You for any threatened or actual breach of confidentiality. You shall return and/or destroy all Confidential Information received (including any copies or reproductions thereof) in your possession or control file as soon as you permanently stop using Services but not later than seven (7) days from date of last such use of Services and shall cease to use any such Confidential Information. Proof in writing of such return, destruction and cessation shall be provided by You. You shall immediately inform Mauka in writing in case of any unauthorized use or disclosure of Confidential Information to any third party. You shall cooperate with Mauka in every reasonable way to help Mauka regain possession of such Confidential Information and prevent its further unauthorized use.
By using our website and engaging our services, you acknowledge and agree to the following payment terms:
All content and/or material on the Website and Services, including but not limited to cohorts, courses, programs, text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Mauka Education or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, display, transmit, or reproduce any of the content on the platform or Services without the prior written consent of Mauka Education. You shall not directly or indirectly transfer, assign, sub-license to any third party or in any manner permit Mauka’s products, software, or Services. Notwithstanding anything contained herein, you and/or your representatives shall not, directly or indirectly, reverse engineer or aid or assist in the reverse engineering of all or any part of Mauka’s programs, software or Services. Reverse engineering includes, without limitation, decompiling, disassembly, sniffing, or otherwise deriving source code. You hereby acknowledge and confirm that all intellectual property rights relating to the trademarks, service-marks, copyrights (including in Services), patent, trade-names including our corporate name or any part thereof, are owned by, licensed to, possessed by or belong to Mauka and nothing contained in herein shall be deemed to authorize you to use or give any rights with respect to Mauka’s Intellectual Property.
The platform and Services are provided on an good faith, “as is” and “as available” basis. Mauka Education makes no representations or warranties of any kind, express or implied, as to the operation of the platform or Services or the information, content, materials, or products included on the platform or Services. To the full extent permissible by applicable law, Mauka Education disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Any personal information provided to Mauka will be dealt with in accordance with Mauka’s Privacy Policy.
To the extent permitted at law, we do not accept any responsibility for any statement in the Mauka content. To the fullest extent permitted by applicable law, Mauka, its officers, directors, employees, agents, affiliates, and partners shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use or inability to use our website, services, or any content provided therein. Mauka shall not be liable for any damages, losses, or costs incurred by the business entity or Client or any third party arising from or related to any errors, omissions, inaccuracies, or delays in the content or Services provided by Mauka. Mauka shall not be responsible for any actions, conduct, or content of any third party, including but not limited to Educational Partners, advertisers, or other users of the platform. In the event of any dissatisfaction with the services provided by Mauka, the sole and exclusive remedy shall be to discontinue the Services and terminate any applicable agreements or contracts between Mauka and the Client.
The Client agrees to indemnify, defend, and hold harmless Mauka and its officers, directors, employees, agents, affiliates, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to the Client's use of our website, services, or violation of these Terms of Use.
You agree to indemnify, defend, and hold harmless Mauka, its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Mauka website, services, or any violation of these Terms of Use. This indemnification obligation extends to any third-party claims, demands, or actions arising from or in connection with:
Mauka reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Mauka in asserting any available defenses. You shall not settle any claim or matter without the prior written consent of Mauka, which shall not be unreasonably withheld.
If any provision of this indemnity clause is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms and all rights, duties and obligations arising hereunder shall be governed by and in accordance with the laws of India, notwithstanding any conflicts of laws principles. Subject to Dispute Resolution clause below, Parties submit to the exclusive jurisdiction of the courts at Mumbai. The Parties waive any objections to such jurisdiction, including venue and inconvenient forum.
Any dispute arising under, relating to or in connection with these Terms, or the breach hereof, including any question regarding its existence, validity or termination, shall be resolved by making reasonable efforts to resolve the dispute through good faith negotiation first, failing which they shall be referred to and finally resolved by arbitration in accordance with the arbitration rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated by reference in this clause. The award rendered by the arbitrator shall be final and binding on the Parties. The arbitration shall be conducted by a sole arbitrator, who will be appointed by MCIA in accordance with MCIA Rules. The seat and the venue of the arbitration shall be Mumbai. The language to be used in the arbitral proceedings shall be English.
You agree that a breach of Terms will cause irreparable injury to Mauka for which monetary damages would not be an adequate remedy and Mauka shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law or equity without any proof of damages.
Mauka reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Services, and your use thereof, as Mauka reasonably believe is necessary to:
Mauka Education reserves the right to modify or update these Terms at any time without prior notice. Any changes to the Terms will be effective immediately upon posting on the Website. It is your responsibility to review these Terms periodically for any updates or changes. Continued use of the platform or Services after any modifications to the Terms constitutes your acceptance of such changes.
Any rights or obligations hereunder may be assigned by Mauka without your prior written consent. However, you shall not assign any rights or obligations hereunder without the prior written consent of Mauka. These Terms bind, and inure to the benefit of, the Parties and their respective successors and permitted assigns.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, Intellectual Property, Disclaimer, Indemnity and Limitations of Liability.
Mauka and any user of its services expressly acknowledge and agree that the relationship between Mauka and the user is that of independent contractors. Nothing in these Terms of Use shall be construed as creating a partnership, joint venture, employment relationship, or agency relationship between the parties.
If you have any questions or concerns regarding these Terms or the Services provided by Mauka Education, please contact us at harsh@maukaeducation.com.
By using the Mauka’s Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use.
Last updated: 12/12/2023
