The expressions “You” or “Your” refers to any person who downloads, accesses or uses the Platform for any purpose.
All terms used with a capitalized first letter shall have the meaning assigned to them in these Terms.
The Platform and the content and services available from it, all of which are currently accessed from the domain, is owned and operated by Luxeva India Private Limited trading as Good Creator Academy.
- ELIGIBILITY CRITERIA:
- You represent and warrant that You have the right to access or use the Platform. The Platform can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 (including minors, un-discharged insolvents etc.) are not eligible to use the Platform.
- If You register on behalf of a business entity, You represent that: (a) You have the authority to bind the entity to these Terms and/or this Agreement; and (b) all other information submitted to the Company during the registration process is true, accurate, current and complete.
- GENERAL DISCLAIMER:
- By using the Platform, You agree that You meet the Eligibility Criteria as detailed in Clause 2 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.
- You agree that You shall not access the Platform by any other means other than through the interfaces that are provided by Us.
- You agree that You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.
- You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Platform, any other software, products, models, prototypes, or other items provided by Us.
- You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any part thereof, or obtain any content through means not specifically made available through the Platform.
- You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law.
- Stored Information:
- We store all data that is shared by You or by a third party on Your behalf such as image files, documents etc. either at the time of accessing the Platform or information provided by You to Us.
- Personal Information, Automatic Information and Stored Information shall individually be referred to as “Personal Information”, “Automatic Information”, “Stored Information” respectively and collectively as “Information”.
- CODE OF CONDUCT:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Upon registration, Good Creator Academy grants you a non-exclusive, non-transferable, non-assignable, personal license to access and use the Good Creator Academy content identified in the content you purchased via an online/offline reader.
The User may be asked to provide information such as but not limited to, name, age, gender, email address and mobile number. The Company shall send a One Time Password (“OTP”) to the User and on completion of the verification, at the Company’s sole discretion, the User may be registered as a member on the Platform (“Member”).
On successful completion of registration the Member shall join course sessions taught by influencers (individuals employed/contracted by the Company who are experienced in their respective fields) (“Influencer”) to provide services/ learnings inter alia relating to beauty, content, fashion, makeup etc. (“Services”) to the Member.The Member may use the Platform and the services, such as booking and joining course sessions, workshops, uploading assignments, and following their course journey, made available on the Platform (“Platform Services”) subject to these Terms and the applicable terms and conditions as mentioned therein.
- We may, at Our sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform (“Member Content”); and (ii) access and view Member Content and any content that We make available on or through the Platform, including proprietary content and any content licensed or authorized for use by or through Us from a third party.
- By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Platform, You grant to Us, a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Platform, in any media or platform. Unless you provide specific consent, We do not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
- We respect copyright law and expect Our Members to do the same. If You believe that any content on the Platform infringes copyrights You own, please notify Us at [email protected]
- REPRESENTATIONS AND WARRANTIES: The Member represents and warrants that:
- The Member shall not misuse any information shared by the Influencer/content provider with the Member.
- The Member shall refrain from communicating or contacting an Influencer/content provider outside of the channels of communication as approved and communicated by the Company to the Member.
- During the course of any communication with an Influencer/content provider, the Member is required to refrain from communicating any personal or financial information with the Influencer/content provider. If the Member chooses to do so, it shall be in breach of these Terms and the Company shall in no manner be responsible for the security/confidentiality of such information communicated to the Influencer/content provider by the Member.
- The Member shall use the Platform only for the intended purpose of the Platform.
- The Member agrees and understands that the Company is merely a facilitator between the Member and the Influencer/content provider and shall not be responsible for any actions or inactions of the Influencer/content provider.
- TERMINATION: The Company may suspend or terminate Member’s use of the Platform:
- At its sole and absolute discretion for no cause; or
- if it believes, in its sole and absolute discretion that the Member has breached, violated, abused, or unethically manipulated or exploited any term of the Agreement; or
- if it is brought to the Company’s notice or if it is discovered that the Member is under the age of 18 (eighteen) years; or
- if the Company has reasonable grounds to suspect that any information provided by Member is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms.
- NEWSLETTERS: By registering an account with us, you agree to receive a Good Creator Academy newsletter by email from time to time. If you do not wish to receive these newsletters you may unsubscribe from the mailing list once you have registered using the link in the emailer.
- NO GUARANTEES:Among other things, the Company does not guarantee that
- The Platform will meet the User’s/Member’s expectations; or
- The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
- The results obtained through use of the Platform will be correct and reliable.
- No guidance or information, written or oral, obtained from the Company or via the Platform, that has not specifically been stated in these Terms, shall constitute any warranty.
- DISCLAIMER AND LIMITATION OF LIABILITIES: The company is merely a facilitator. This platform is provided by the 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 this platform or the information, content included on this platform. You expressly agree that your use of this platform is at your sole risk. The company reserves the right to withdraw or delete any information from this platform at any time at its discretion. To the full extent permissible by applicable law, the company disclaims all warranties, express or implied. The company does not warrant that this platform, its servers, or email sent from the company are free of viruses or other harmful components. The company shall not be liable for any damages of any kind arising from the use of this platform, including, but not limited to direct, indirect, incidental, punitive and, or, consequential damages.
- SEVERABILITY: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
- INTELLECTUAL PROPERTY RIGHTS: Good Creator Academy owns rights in the name and trademark The Good Creator Company and the Good Creator Academy logos that appear on the Platform (the “Logo”). You are not permitted to, and you agree not to, use these marks in any way (including as part of any other trademark, company name or domain name), in connection with any product or service. Good Creator Academy owns or is the authorised licensee of all intellectual property rights (including copyright) in and to the Platform including intellectual property rights in the content hosted, published, displayed, uploaded on the Platform by us (other than the UGC, subject to the license granted herein). Copyright laws and treaties throughout the world protect these works and all rights in and to them are reserved by us. No information, content or material from Good Creator Academy may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Good Creator Academy’s express written permission.The treatment of ownership of rights in UGC is set out in paragraph 4 above.
- INDEMNIFICATION:The content on the Platform has been provided in good faith on an “as is where is” basis without any warranty as to fitness for purpose. The content may contain inaccuracies or typographical errors. Whilst Good Creator Academy endeavours to ensure that the information on the Platform is correct, no warranty, express or implied, is given as to its accuracy and Good Creator Academy does not accept any liability for error or omission or that the functions contained in content, information and materials on the Platform, including, without limitation any third party sites or services linked to the Platform will be uninterrupted or timely, or that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components. In using the Platform, you agree that Good Creator Academy or any of its employees, contractors, partners, sponsors, advertisers or others, are not responsible or liable for any content or items, including but not limited to any text, information, images including photographs or graphics, audio clips, video clips, and web-links posted by you, other users, or third parties onto the Platform. You also agree that Good Creator Academy or any of their affiliates are not responsible for the content or availability of third party websites and/or mobile applications linked to or referenced on the Platform. You agree that Good Creator Academy or any of their affiliates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content or on the goods or services available on or through any such websites and/or mobile applications or any other matter relating to the Good Creator Academy. Any material downloaded or otherwise obtained through the Platform is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system. Good Creator Academy cannot and will not assure you that other users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and Good Creator Academy, you hereby assume all risk of harm or injury resulting from any such lack of compliance by you. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
- TE RESOLUTION: Good Creator Academy shall be entitled to and reserves the right to restrict, suspend or terminate your Good Creator Academy account or deny you access to the Platform or take such other action as Good Creator Academy deems appropriate, with or without notice to you, if it determines, in its sole discretion, that you are in breach any of the Terms or that your use of the Platform is inappropriate or otherwise unacceptable, whether or not on the basis of a user or a third party report of violation of its right as a result of your use of the Platform. Upon suspension or termination of your account with us, we reserve the right to remove or delete your information that is available with us, including but not limited to your login, account information and information posted by you. The restriction, suspension or termination of your Good Creator Academy account or your access to the Platform pursuant to this section will be without prejudice to any rights which Good Creator Academy may have against you in respect of your breach of these Terms. Good Creator Academy shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Good Creator Academy in its sole discretion considers reasonably necessary or appropriate.
- If any provision of these Terms is unenforceable as determined by a court of competent jurisdiction under your national law, then such provision shall be struck out. All remaining provisions shall remain in full force and effect. If we delay or fail to act in respect of any breach by you of these Terms, this will not operate as a waiver of our right to act in relation to subsequent or similar breaches by you.
- NOTICES:If you need to give us notice of anything, you must write to us in English at [email protected]. If we need to give you notice of anything, we shall write to you at the email address you provide to us, either during the registration process or when your email address changes. Notice shall be deemed given 24 hours after an email is sent, unless the sender is notified that the email address is invalid or receives any ‘delivery failure’ notification. If you have any questions about this, please contact [email protected].