Terms & Conditions

These terms and conditions govern the purchase of MODCAL online Content purchased via our website, by clicking on the “Agree” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us. These Terms of Service apply to all users of the site, including, without limitation users who are browsers, vendors, customers, and/ or contributors of content. The expression YOU shall mean the Users/beneficiaries of our service and Instructors and the expressions US, OUR WE include the management at MODCAL and its support/sales team, their successors, assign and all persons claiming through them and under them.
Any new feature or tool which is added to the current website shall also be subject to the Terms of Service.
If you publish a Content/Content material on the MODCAL platform, you shall also agree to the Instructor Agreement. We also provide details regarding our processing of personal data of our users and instructors in our Privacy Policy

DEFINITIONS
a. Confidential Information -This means all information provided by one party to the other in written, graphic, recorded, machine-readable or another form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Content Materials, except information that is: (i) publicly known through no wrongful act or omission of User, or any information already in the possession or control of the disclosing party.
b. Content Material- This means the information provided by MODCAL to accompany a Content provided as part of the Services in electronic form.
c. Instructors– This means the individuals who create Content content for MODCAL
d. Intellectual Property Rights - This means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information, and other intellectual property rights (registered or unregistered) throughout the world.
e. Legal Actions and Notices -Any notice or other communication to be given hereunder will be in writing and given by registered post only.
f. Online Content -means the delivery by us of an online Content pursuant to which you learn Content materials remotely.
g. Services- means the provision of the Online Content and/or the Content Materials together with such other services as agreed from time to time and purchased by you through the Website.
h. Website - means https://www.modcal.org/
i. Support System refers to the different processes that MODCAL follows to resolve student queries
j. User- means the individual purchasing the Services.

General terms and conditions
1. Content Enrollment
When you enroll in our Content, you get a license from us to view it via the MODCAL platform and no other use. You are hereby expressly barred from transferring or reselling Contents in any way.
Contents are licensed, and not sold, to you. This license does not give you any right to resell the Content in any manner (including by sharing account information with a purchaser or illegally downloading the Content and sharing it on torrent sites). MODCAL grants you as an User, a limited, non-exclusive, non-transferable license to access and view the Contents and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular Content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sub-license, or otherwise transfer or use any Content unless we give you explicit permission to do so in a written agreement signed by a MODCAL authorized representative.
We reserve our right to revoke any license to access and use Contents at any point in time in the event where we decide or are obligated to disable access to a Content due to legal or policy reasons, for example, if the Content you enrolled in is the object of a copyright complaint, or if we determine its content violates our terms and policies. The lifetime access is not applicable to add-on features and services associated with a Content, for example, translation captions of Contents may be disabled by instructors at any time, and an instructor may decide at any time to no longer provide teaching assistance or Q&A services in association with a Content. To be clear, the lifetime access is to the Content content but not to the instructor.
Instructors may not grant licenses to their Contents to users directly and any such direct license shall be null and void and a violation of these Terms.

2. Accounts
You need an account to purchase and enroll in a Content or to submit a Content for publication on our platform and you shall be solely responsible for all activity associated with your account either done by someone using your account without your permission. If you suspect someone else is using your account, it is your duty to inform us by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
When setting up and maintaining your account, you agree and acknowledge to provide and continue to provide accurate and complete information, including a valid email address. You shall not transfer or assign your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
Users and instructors must be at least 18 years of age to create an account on MODCAL and use the Services. If we discover that you have created an account and you are younger than the required age for consent to use online services, we will terminate your account. You can terminate your account at any time after due intimation to our support team and by following the procedures as indicated by our support team. Check our Privacy Policy to see what happens when you terminate your account.

3. Payments
Content pricing is listed on the website webpage for each Content and is subject to changes without notice. The prices of Contents on MODCAL are determined based on the terms of the Instructor Agreement and our Pricing and Promotional Policy. If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies. If you are a User located in a country where use and sales tax, goods and services tax, or value-added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Content for which we have not received adequate payments.

4. Refund Policy
All Content purchases are NON-REFUNDABLE on any type of payments viz., pre-book, installments or full payments

5. At your own risk
You shall only use MODCAL for lawful purposes. Instructors are responsible for the contents created and posted on our platform. The instructors shall keep the reviews, questions, posts, Contents, and other content you upload in line with our terms and conditions and the instructor agreement and the law and respect the intellectual property rights of others. We can ban your account for repeated or major offenses.
If you are an instructor, you can submit Contents for publication on the platform and you can also communicate with the users who have enrolled in your Contents. In both cases, you must abide by the law and respect the rights of others: you cannot post any Content, question, answer, review, or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any Contents, content, and actions you post or take via the platform and Services and their consequences.
If we are put on notice that your Content or content violates the law or the rights of others (for example, if it is established that it violates the intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Terms and Conditions and Instructor agreement, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. MODCAL complies with copyright laws.
MODCAL has discretion in enforcing these Terms and conditions. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

6. Support system
The support system provided by MODCAL should be strictly used only for getting help with the materials discussed in the Content. Support shall not be provided for side projects or assignments that the User might work on in their individual capacity. The duration of the support will depend on the plan that you have purchased. If the student misses to make payments then access to the support system will be cut off. If the User is caught sharing videos, notes, programs, and other digital content that is owned by Skill Lync then appropriate legal actions would be taken and the User has to bear all the associated costs.
6.a Third-Party Software Licenses
For certain Contents, MODCAL provides legal software licenses for the students to practice. The license for these Contents will be available only for the duration of the Content and must be used only for learning the Content for which the license was provided. The use of these licenses for commercial activities will result in an immediate loss of access to the Content, the support system, and any certificates. Commercial use will also lead to legal prosecution.

7. MODCAL’s Rights
We own the MODCAL platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the MODCAL platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services are and will remain the exclusive property of MODCAL. Our platforms and services are protected by copyright, trademark, and other laws. Nothing gives you a right to use the MODCAL name or any of the MODCAL trademarks, logos, domain names, and other distinctive brand features.

8. Security, Intrusion & Detection
You may not do any of the following while accessing or using the MODCAL platform and Services:
a. access, tamper with or use non-public areas of the platform, ModCAL’s computer systems, or the technical delivery systems of MODCAL’s service providers.
b. disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
c. copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the MODCAL platform or Services.
d. access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot or use other automated means of any kind to access the Services in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as MODCAL); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
Unauthorized attempts to hack, copy, upload or change information, or otherwise cause harm/damage to this service and/or any user of this service, is strictly prohibited and may be punishable under applicable law.
For website security purposes, and to ensure that this service remains available to all genuine human users and to genuine businesses and organizations that have the consent of MODCAL, all network traffic is monitored.
If a User disagrees with this policy, then that User should not use this Website.

9. Restriction of Liability & Disclaimer
MODCAL reserves the right, at its sole discretion, to restrict/block the access of a User, and/or to suspend/terminate the account of a User, and/or to remove/delete any information/content posted, uploaded or displayed by a User, and/or to deny a User future access to the website and/or the website service, or any part thereof, with or without notice and for any reason whatsoever, and shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so.
For all Users, as well as any entities/third parties mentioned or displayed anywhere on this website: MODCAL expressly disclaims liability for errors and omissions in the contents of this website, or any inaccuracies, falsehoods, defamation, slander, libel, discriminatory terminology, obscenity, pornography or profanity you may encounter or any interpretation of such that you may make. As a provider of interactive online services such as, but not limited to, job boards, school ad listings, public forum boards, or banner advertisements, ModCAL is not liable for any words, terminology, statements, representations, images, visuals or content provided by or viewed by a User. The information and images displayed therein is provided in good faith, but we make no guarantees about the completeness, accuracy, timeliness, availability, accessibility, merchantability, appropriateness, or fitness for any particular purpose of any of the information or images/visuals.
The User accepts that the use of this website is at the User's sole risk (The User is aware and voluntarily and wholly accepts that your use of this website or any other MODCAL website is always entirely and exclusively your own responsibility). MODCAL accepts no responsibility for your use of this website, or for anyone else's (including any advertiser's) use of it. MODCAL accepts no responsibility for any injury, loss, penalty, claim, damage or interpretation arising out of or in any way connected with this website and service including, but is not limited to, the content, information or entities/third parties/advertisers displayed here, the usage of cookies or collection of data/information by this website and service or by entities/third parties/advertisers displayed here. By accessing, browsing or using this website, you agree with these conditions and agree to hold harmless the owners, operators, and maintainers of this website and their agents and partners.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will MODCAL or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

10. Job Assistance
Job Assistance is provided for students who perform well in our Master Programs. The student should have completed a minimum of 3 Contents with more than 60% marks to qualify for Job Assistance. When you do qualify, you will work closely with our Student Success Team. They will advise you on resume preparation and prepare you for Technical Interviews. Our Student Success Team works with several hiring partners to help you get a job. As part of their process, they will provide several tasks and assignments that you need to complete on time. Failure to complete or exhibiting poor compliance towards these tasks will result in revoking of the Job Assistance Service. J

11. Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with MODCAL. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Content Enrollment, MODCAL’s Rights, Using MODCAL at Your Own Risk, Binding Agreement and Governing Law and Jurisdiction.

12. Governing Law and Jurisdiction
These Terms are governed by the laws of India and dispute or difference that may arise shall be governed only under the Arbitration and Conciliation Amendment Act 2015 and courts shall not have any jurisdiction. The Users and the Instructors agree and undertake not to initiate or instigate any Class Actions.

13. Policy Changes
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features) without any notice, and MODCAL reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms. If a User disagrees with this policy or any part therein, then that User should not use this website.

14. How to Contact Us
The best way to get in touch with us is to contact our Support team. We’d love to hear your questions, concerns, and feedback about our Services. You can reach us at modcal.org@gmail.com or admin@modcal.org