Company Terms

Last updated: September 18, 2020

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.edmyst.com website and the EdMyst mobile application (the "Service") operated by EdMyst ("we").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

This document is an electronic record and is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.edmyst.com website and/or app.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. 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 trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Upon creating an account with EdMyst, you agree to the following:

  • Make your contact details available to EdMyst; you may be contacted by EdMyst through email, telephone and SMS, if you do not wish to be contacted, you shall communicate the same to support@edmyst.com.
  • Receive promotional mails/special offers from EdMyst or any of its associate/partner websites.
  • Be contacted by EdMyst in accordance with the information provided by you.
  • EdMyst reserves the right to use your mobile and demographic information to conduct targeted mobile marketing campaigns even for third parties wishing to advertise using our database.
  • EdMyst also reserves the right to sell this information and also the entire site to a third party if a third party is desirous of purchasing this information. You shall not have any objection upon any call/SMS/Communication by EdMyst, by any third party on its behalf or by any other party authorized by EdMyst in this regard to communicate with you regarding any matter connected with EdMyst. Notwithstanding your registration with National Do Not Call Registry/ Fully or Partly blocked category under National Customer Preference Register set up under appropriate Regulatory Authority, you hereby express interest and accord your willful consent to receive communication. You further confirm that any communication, as mentioned hereinabove, shall not be construed as unsolicited commercial communication under the regulatory guidelines.

Membership Eligibility

Use of the Website and/or App are available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" including minors, un-discharged insolvents etc. are not eligible to use the Website and/or App. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and/or App and shall use or place orders with EdMyst except through your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. EdMyst reserves the right to terminate your membership and refuse to provide you with access to the Website and/or App if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Fees and Services

Membership with EdMyst is free for users. EdMyst does not charge any fee for browsing and booking coaching sessions on the Website or through the App.

Payment for coaching is a transaction between a user and a coach using EdMyst platform; EdMyst takes a service fee from the coaches.

Coaches registered with EdMyst will follow the payment and fee schedule as defined in the EdMyst and Coach Contract.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of support@edmyst.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of EdMyst and its licensors. The Service is protected by copyright, trademark, and other laws of all the countries that EdMyst will provide its services in. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of EdMyst

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by EdMyst.

EdMyst has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that EdMyst 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

EdMyst requires users to adhere to the terms of use and/or under conditions of select payment gateway(s) used for booking transactions or other payments. EdMyst is not responsible for the conduct of its’ users in third-party sites or payment portals.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation of Liability

In no event shall EdMyst, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

EdMyst, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of India, USA and other countries that EdMyst will provide its services in, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about this Privacy Policy, please contact us at support@edmyst.com