1.  OUR INTRODUCTION

 

www.masterstrokeonline.com (“website”) welcomes you.  

We offer you access to our services through our “website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  We strongly recommend that you carefully go through these Terms and Conditions. By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website. 

  1.  DEFINITIONS
  • Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
  • Service” or “Services” refers to any service defined below, which we may provide and which you may request via our Website;
  • User”, “You” and “your” refer to the person who is accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
  • We”, “us” and “our” refers to MANDAR LEARNING ACADEMY PRIVATE LIMITED;
  • Website” shall mean and include "https://www.masterstrokeonline.com; mobile application and any successor Website or any of our affiliates;
  •  “User Account” shall mean an electronic account opened by the user with the Platform to avail services offered through the Website;
  1.  INTERPRETATION
  • All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.
  1.  COMMITMENT AND SCOPE
  • Scope. These Terms govern your use of websites and Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.
  • Eligibility: Our service is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason. It is your sole responsibility to ensure you comply with the eligibility requirements before using the website.
  • Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
  1.  OUR SERVICES

MasterStroke is an online platform providing sales and branding solutions to Mutual Fund distributors and other financial intermediaries in India to help them grow their business.

Users can avail many services such as: create instant client proposals, check fund performance, prepare clients' investment suitability profiles, download banners & videos for social media marketing, and much more. Services can be added / removed / modified from time to time.

  1.  MODIFICATIONS TO THE SERVICE

We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to our Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

  1.  ACCOUNT

If you access this Website anonymously, you will not be required to create a user name. But, to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account. For creating a user profile, we need some basic information like your name, date of birth, email id, etc. After which you get access to jobs and other benefits that come with your MANDAR LEARNING ACADEMY PRIVATE LIMITED account.

 

You agree that the information you provide in connection to establishing an account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security tht you may come across. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

  1.  SCAMMING, SPAMMING, OR MISLEADING USERS

We believe MANDAR LEARNING ACADEMY PRIVATE LIMITED should stay a clean place and we work hard to make it reliable and useful to both, Buyers and Workers. Therefore we do not tolerate any illegal activities, scams, spam, or trying to mislead other users to gain an advantage, get free work, or ask others to perform actions that are not legal. We monitor certain information or data points in the backend and as soon as we notice strange behavior, we put such accounts on hold and/or terminate access to the account. In cases where a user has tried to perform an illegal activity, we will immediately terminate the account.

  1.  ABOUT OUR SERVICE

We act as an aggregator to provide you a platform where the user can access many features that have been designed, in our opinion, to save your time and money. We strive to provide you with the information you need to make an informed choice on which features best suits your needs.

This website is for financial intermediaries only. If you are an investor, please leave now. We accept no responsibility for any loss, damage, or death that happens during and after the service. User shall indemnify us for all claims and liabilities arising out due to use of the website by the user, including costs and expenses incurred.

  1. DELIVERY

The Service (including any enhancements, upgrades, or updates) shall be transmitted by the Company to the User through the website, mobile application and/or any technology we adopt.

  1. USER SUBMISSION
    1. Content Responsibility. 

 

When you use www.masterstrokeonline.com you agree to adhere to the content guidelines listed in our terms of services and privacy policies. You are solely responsible for the content submitted by you.

 

Please do not use content that:

  • contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law
  • violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance
  • uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files
  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
  • Information or data which are unlawfully obtained

We have the right to refuse any such submitted content and to cancel user access to our services without advanced notice, in case of any violation.

  1.  PAYMENT
  • All the purchases for any service available on the website shall be governed by our terms and conditions.
  • For purchasing any service available on the website, the user has to purchase the appropriate Plan according to his requirements. You will be liable to pay us based on the Plan chosen.
  • While providing your details you must be careful and warrant that the information provided is true and accurate.
  • Payment mode can be using Credit Cards, Debit Cards, e-wallets, Netbanking or any medium we may choose to introduce on the website

 

  • You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons.
  • When you purchase a Plan, you expressly authorize us (or our third-party payment processor) to charge you for the term of your plan each time your payment is due under your Plan.
  • We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). We do not save your card details unless you opt to do so.
  • You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
  • We use reputed Third Party Payment Gateways and/or e-wallets to process payments. All payment information entered by you goes directly to the Third Party Payment Gateway provider to facilitate your payment as per the compliances followed by the Third Party Payment Gateway Provider. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges).
  • Plans: If you purchase a Plan, you will be charged the one-time usage, monthly and annual (as applicable) plan fee, plus any applicable taxes, and other charges (“Plan     Fee”), at the beginning of your Plan and each month or year (as applicable) thereafter, at the then-current Plan Fee. If you purchase a Plan, we (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your Plan, using the Payment Information you have provided until you cancel your plan. By agreeing to these Terms and electing to purchase a plan, you acknowledge that your Plan has recurring payment features and you accept responsibility for all recurring payment obligations before cancellation of your plan by you or us.
  • The refund shall be allowed as per our refund policy.

 

  • We take customer feedback very seriously and use it to constantly improve our products and quality of service. We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.

 

  1. LICENSE- Grant of License:
      • Subject to the terms and conditions of this Agreement Company hereby grants the User a non-exclusive, non-transferable, revocable license to use the Service for the Term.
      • The User shall be provided access to the Service, and the User may authorize any person such as their employees / relatives to access the service. User shall be responsible for the use or misuse of the Services by its Authorized Users. We shall not be responsible or liable for any activity that occurs on the website using your login credentials.
      • The User understands and acknowledges that the User shall not have the right to transfer, sublicense or re-distribute the Service to third parties.
      • Nothing in this Agreement shall be considered as a grant of title or ownership in the Service to the User.

 

  1. LIMITED GUARANTEE- By availing of our services:

  • We provide an opportunity for you to avail of the offered Services from our Website;
  • We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a service offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.
  1.  GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We reserve the right to suspend any Service at any time, without prior intimation.

  1.  GENERAL CONDITIONS
  • We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
  • The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-resalable use, subject to all the terms and conditions of this Agreement as they apply to the Service.
  • You will not impersonate any other person or entity or use a false name or a name that they have no authority to use.
  • You shall not post material to the www.masterstrokeonline.com Website in which the copyright or intellectual property is or may be the property of another person or body.
      • The company is under no obligation and shall not be liable to review such data for accuracy, acceptability, or potential liability. User grants to Company all necessary licenses in and to such data solely as necessary for Company to provide the Service to User.
  1.  INDEMNITY
    1. User shall defend, indemnify and hold harmless Company from any third party claims arising out of:
        1. misuse of the Service;
        2. breach of terms of this Agreement;
        3. breach of applicable laws;
        4. breach of policy.

 

    1. This indemnity shall survive the termination of this Agreement.
  1. USER COMMITMENT AND RESPONSIBILITIES
  • You shall use the Service for a lawful purpose and comply with all the applicable laws;
  • You shall not upload, any content that:
    • Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affects anyone’s privacy, contains violence or hate speech, including any sensitive information about any person.
  • You shall not use or access the Website for collecting any market research for some competing business;
  • You will not use any device, scraper, or automated technology to access our Website by any means without taking permission.
  • You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;
  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website or Mobile Application through hacking, password or data mining, or any other means;
  • You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know.

We reserve the right, in our sole and absolute discretion, to deny access to the Website or any service, or any portion of the Website and Mobile Application or service, without notice, and to remove any content.

  1.  EXCLUSION OF LIABILITY

MANDAR LEARNING ACADEMY PRIVATE LIMITED shall not be liable and responsible for the behaviour of the users. And we are also not accountable for the quality of the services provided by the Seller on the website.

Further, MANDAR LEARNING ACADEMY PRIVATE LIMITED shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.masterstrokeonline.com Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall MANDAR LEARNING ACADEMY PRIVATE LIMITED, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.

  1.  THIRD-PARTY LINKS

We may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  We are not responsible for any consequences on the External sites. Please refer to the Terms and Conditions of the External Sites before using them. You should take your own safety measures when accessing external Sites.  If you agree to access linked External Sites, you do so at your own risk.

  1.  PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using the Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

  1.  ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been made to ensure that our website's information is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website. We do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

  1.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Our website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.

 

We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third party rights, and fitness for a particular purpose, and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation to any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages.

The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any typographical, technical, or pricing errors recorded on the website.  The website may contain information on certain services, not all of which are available in every location.  A reference to a service on the websites does not suggest that such service is or will be accessible in your location.  We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.

 

  1.   COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on our behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide a license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

  1.  INDEMNIFICATION

You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, licensees, and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content or the Website.  We shall make available notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defence and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.

  1.  MISCELLANEOUS

 

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

DISPUTE RESOLUTION

If a dispute arises between you and the website www.masterstrokeonline.com, our goal is to resolve such a dispute quickly and cost-effectively. We will attempt to resolve any claim or controversy at law or equity (a "Claim") that arises between us out of this Agreement or the website following this section entitled "Dispute Resolution." Before resorting to any legal route, you agree to first contact us directly to seek dispute assistance by going to Customer Service and/or contacting us via email to info@masterstrokeonline.com

ARBITRATION OPTION

For any claim arising between you and www.masterstrokeonline.com (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the laws of India and the State of West Bengal without giving effect to any principles of conflicts of law. The courts of the state of West Bengal shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at info@masterstrokeonline.com