Terms Of Use

Welcome to myLearn!

myLearn (www.mylearn.co) is (i) a website and software application owned and managed by NC Musings Private Limited, a company incorporated under the Companies Act, 1956; and (ii) provides courses, content, assessment and technology that can be used by organisations, teams or working professionals to acquire knowledge, skills and certification (”myLearn”).

By using the myLearn website or any other myLearn service, you confirm that you have read the following terms (“Terms of Use”) and agree to be bound by them.

Please read these Terms of Use carefully.

1. You shall be bound by the Terms of Use when you use myLearn for any purpose regardless of whether you are a registered user or whether you have paid for any service. You shall be bound by them when you use myLearn and any further upgrade, modification, addition, or change to myLearn. If you do not accept any or all of these Terms of Use, then you should not access or use myLearn.
    
2. These Terms of Use are applicable to myLearn as a whole. However, certain sections of myLearn may separately set out additional terms and conditions that will be notified separately. Those terms will not prevail over these Terms of Use.
    
3. myLearn may amend these Terms of Use at any time by posting the amended and restated Terms of Use on myLearn. Only an authorised officer of NC Musings Private Limited may amend these Terms of Use. The amended Terms of Use will bind you and NC Musings Private Limited as soon as they are posted on myLearn. Your continued use of myLearn shall be deemed to be acceptance of the amended terms. The date on which the Terms of Use were amended will be mentioned at the beginning of the amended Terms of Use.
    
4. Access to some parts and features of myLearn are provided to you free of charge. NC Musings Private Limited reserves the right to restrict access to any areas or features of myLearn without prior notice.
    
5. The use of any information, text, images, videos, directories, files, databases, or listings available on or through myLearn for any purpose that has not been expressly permitted in these Terms of Use is prohibited. You shall not copy, reproduce, or download this content or materials for re-selling or re-distributing it in any manner. Any form of systematic retrieval of such content, whether through bots, spiders, automatic devices, or manual processes, without prior written permission from NC Musings Private Limited, is prohibited.
    
6. Some of the content, information, and videos displayed on myLearn has been posted by persons other than NC Musings Private Limited, including other users of myLearn. NC Musings Private Limited is not responsible for the accuracy, propriety, lawfulness, or truthfulness of any such content and shall not be liable to you for your reliance on them.
    
7. NC Musings Private Limited is not responsible for the conduct of the activities on myLearn of any person other than NC Musings Private Limited. NC Musings Private Limited shall not be liable to you in connection with any damage suffered by any person as a result of the conduct of the activities on myLearn of any person other than NC Musings Private Limited.
    
8. myLearn may feature hyperlinks to content on other web sites. NC Musings Private Limited has no control over such web site or content and is not responsible or liable to anyone for such web site, or any content, products or services made available on such a web site.
    
9. You are prohibited from trying to undermine the integrity of the computer systems or networks used by NC Musings Private Limited. You are prohibited from trying to gain unauthorised access to such computer systems or networks.
    
10. You shall be bound by myLearn’s Privacy Policy. NC Musings Private Limited may amend the Privacy Policy from time to time and make available the updated version on myLearn. Your continued use of myLearn shall be deemed to be acceptance of the amended Privacy Policy.
     
11. You are prohibited from infringing the intellectual property rights and other legitimate rights of NC Musings Private Limited and other users of myLearn. NC Musings Private Limited may, under appropriate circumstances, restrict access to myLearn of persons who have infringed the intellectual property rights and other legitimate rights of NC Musings Private Limited and other users of myLearn. NC Musings Private Limited may, under appropriate circumstances, terminate the accounts of persons who have infringed the intellectual property rights and other legitimate rights of NC Musings Private Limited and other users of myLearn or whose conduct is prejudicial to the interests of NC Musings Private Limited or other users of myLearn, or for any other reason. NC Musings Private Limited need not give cause for restricting access to myLearn or for terminating accounts on myLearn.
     
12. These Terms of Use do not create any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship between you and NC Musings Private Limited.
     
13. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
     
14. NC Musings Private Limited’s failure to enforce any right or failure to act with respect to any breach by you under these Terms of Use will not amount to a waiver of that right. It will also not amount to a waiver of NC Musings Private Limited's right to act with respect to subsequent or similar breaches.
     
15. NC Musings Private Limited shall have the right to assign these Terms of Use to any person or entity. You may not assign, in whole or part, this Agreement to any person or entity.
     
16. These Terms of Use shall be governed by the laws of India with regard to its conflict of law provisions. You hereby submit to the exclusive jurisdiction of the courts of Mumbai in India to resolve any dispute arising out of your use of myLearn and your activity on myLearn.
     
17. Some sections of myLearn allow you to publish information in the form of notes, questions, comments, and posts. Some features on myLearn also allow you to send information to NC Musings Private Limited or to other users through some communication systems. By using any of these features, you agree to the terms of myLearn’s Privacy Policy.
     
18. You agree to provide myLearn with true, accurate, current and complete information on myLearn.
     
19. You grant an irrevocable, perpetual, worldwide, and royalty-free, sub-licensable (through multiple tiers) license to myLearn to display and use all information provided by you, in accordance with the purposes set forth in these Terms of Use, and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
     
20. You agree that you have obtained all necessary copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with the personal or proprietary rights of any person (including but not limited to the rights of personality and rights of privacy), for any material or information you post on myLearn or otherwise give to myLearn to display. You agree that you are solely responsible for ensuring that any material or information you post on myLearn or provide to myLearn or authorise myLearn to display, does not violate the rights of anyone else, or has been posted with the permission of the owner(s) of such rights.
     
21. You agree that the information submitted for display on myLearn shall not:
     
    1. Contain fraudulent information, or otherwise promote other illegal activities;
    2. Be part of a scheme to defraud other users of myLearn or for any other unlawful purpose;
    3. Relate to services that infringe or otherwise abet or encourage the infringement or violation of any person’s copyright, patent, trademarks, trade secret, or other rights including proprietary rights or rights of publicity or privacy;
    4. Impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
    5. Violate any applicable law, statute, ordinance or regulation;
    6. Be defamatory, libellous, unlawfully threatening or unlawfully harassing;
    7. Be obscene or contain or infer any pornography or illegal merchandising or any other content or otherwise promote sexually explicit materials or is otherwise harmful to minors;
    8. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
    9. Contain any material that constitutes unauthorised advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
    10. Solicit business from any user of myLearn in connection with a commercial activity that competes with myLearn;
    11. Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
    12. Link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under these Terms of Use;
    13. Otherwise create any liability for myLearn or NC Musings Private Limited.
22. NC Musings Private Limited reserves the right to remove at its sole discretion, any material displayed on myLearn, which it reasonably believes is unlawful, could subject NC Musings Private Limited to liability, violates these Terms of Use, or is otherwise found inappropriate in the opinion of NC Musings Private Limited.
     
23. NC Musings Private Limited reserves the right to cooperate fully with governmental authorities, private investigators and injured third parties in the investigation of any suspected criminal or civil wrongdoing. NC Musings Private Limited may disclose your identity and contact information, if requested by a government or law enforcement body, an injured user of myLearn, or as a result of a legal action. NC Musings Private Limited shall not be liable for damages or the results of such cooperation or disclosure. You agree not to bring any action or claim against NC Musings Private Limited for such cooperation or disclosure. In connection with such co-operation, NC Musings Private Limited may, at its sole discretion, restrict your access to myLearn or terminate your account.
     
24. NC Musings Private Limited will try to keep myLearn safe and bug-free but you use the site at your own risk. NC Musings Private Limited is providing myLearn “as is” without any express or implied warranties. NC Musings Private Limited does not guarantee that myLearn will be safe or secure.
     
25. NC Musings Private Limited is not responsible for the actions, content, information or data of persons other than NC Musings Private Limited and you agree to release NC Musings Private Limited and its officers and employees from any liability in connection with a claim that you have against any person other than NC Musings Private Limited, or for any profits lost or any damages arising out of or in connection with such a claim.
     
26. Any material downloaded or otherwise obtained through myLearn, is done at your sole discretion and risk. You alone are responsible for any damage to your computer system or loss of data that results from the download of any such material. Unless expressly stated in these Terms of Use, no piece of advice or information, whether oral or written, that has been obtained by you from NC Musings Private Limited or through or from myLearn, shall create any warranty not expressly stated herein.
     
27. Under no circumstances shall NC Musings Private Limited be held liable for an delay or failure or disruption of the content or services delivered through myLearn resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
     
28. You hereby agree to indemnify and hold harmless, NC Musings Private Limited, its affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the myLearn (including but not limited to the display of your information on myLearn) or from the breach of any of these Terms of Use or representations made by you to NC Musings Private Limited.
     
29. NC Musings Private Limited shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
    • The use or the inability to use myLearn;
    • Any defect in data, information, content or services purchased or obtained through unauthorised access by third parties to data or private information of any user; or
    • Statements or conduct of any user of myLearn.
       
30. Notwithstanding any of the foregoing provisions, the aggregate liability of NC Musings Private Limited, its employees, agents, affiliates, representatives, or anyone acting on its behalf with respect to each user for all claims arising from the use of myLearn shall be limited to the greater of:
    • The amount of fees you pay to NC Musings Private Limited or its affiliates in relation to the use of myLearn or any section of myLearn in the 12 months prior to the action giving rise to liability; or
    • Rs. 1,000/-.
      
      The preceding sentence shall not preclude the requirement by an user to prove actual damages. All claims arising from the use of myLearn must be filed within one (1) year from the date the cause of action arose.
       
31. NC Musings Private Limited is the sole owner or lawful licensee of all the rights to myLearn, including the domain name www.mylearn.co and its variants and the content on myLearn. myLearn content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in myLearn and myLearn content shall remain with NC Musings Private Limited, its affiliates or licensors of the myLearn content, as the case may be. All rights not otherwise claimed under this Agreement or by NC Musings Private Limited are hereby reserved.
     
32. "myLearn", "mylearn.co" and the related icons and logos are registered trademarks or trademarks or service marks of NC Musings Private Limited, in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
     
33. All notices or demands to or upon NC Musings Private Limited shall be effective if in writing and shall be duly made when sent to NC Musings Private Limited in the following manner to learn@mylearn.co along with a physical copy to the registered address of NC Musings Private Limited.
     
34. Notices or demands to or upon the user shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the user to myLearn. Notice to the user shall be deemed to be received by the user if and when NC Musings Private Limited is able to demonstrate that communication, whether in physical or electronic form, has been sent to the user.