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Welcome to Maharashtra Mandal Atlanta! These Terms and Conditions and our Privacy Policy (collectively the “Agreement”) govern your access and use of the website located at https:// mmatlanta.onwajooba.com (the “Website”) and Maharashtra Mandal Atlanta mobile application (the “App”). The Website and the App are owned and operated by Maharashtra Mandal Atlanta (hereinafter “the Organization,” “we,” “us,” or “our”) by the laws of the State of Atlanta, United States. The Website, the App, and all services, resources, and materials made available by the Organization are hereinafter collectively referred to as “Service/s.”

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AND WAIVER OF CLASS ACTION RIGHT. PLEASE CAREFULLY READ THESE TERMS BEFORE PROCEEDING TO USE THE SERVICE.

Table of Contents

  • Supplementary Terms
  • Acceptance
  • Eligibility
  • Definitions and Interpretation
  • Account Registration, Privacy, and Safety
  • The Service
  • Mental Health Disclaimer
  • Account Termination
  • User Content
  • Intellectual Property
  • Digital Millennium Copyright Act Notice
  • Prohibited Activities
  • Electronic Communication
  • U.S. Export Controls
  • Android and iOS Disclaimer
  • Acknowledgements
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Class Action Waiver
  • Governing Law
  • Amendments
  • Feedback
  • Contact us
  • Force Majeure
  • Supplementary Terms

You acknowledge and agree that the Organization may provide some Services that require you to agree to Supplementary Terms. All applicable Supplementary Terms will be available before you access such Services. In case of any conflict between these Terms and Conditions and any Supplementary Terms governing the use of a specific Service, the Supplementary Terms shall prevail concerning your use of such Service.

 

  1. Acceptance

           2.1. Your access/use of the Services is expressly conditioned on your acceptance of this Agreement.

          2.2. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, YOU MAY NOT ACCESS/USE OUR SERVICES.

 

  1. Eligibility

         3.1. The Service is designed for natural persons of all ages. If you are 13 years or older, you are eligible to sign up for an account.

          3.2. By proceeding with the account registration, you are representing to the Organization that you can enter into this Agreement, and you agree to abide by all the provisions of this Agreement.

 

  1. Definitions and Interpretation

            4.1. The following words, wherever used in bold in these Terms and Conditions, shall have the meaning as defined hereunder:

‘Account’means the account that enables a user to log into the App and use the features and functionality provided by the Organization. Any reference to an account includes parent-managed accounts.
‘Account Owner’means a user who registers an account for the Service. Please note that for children under the age of 13, the account owner is the parent who registers the account that may be used by a child under such person’s parental responsibility.
‘User,’ ‘you,’ or ‘your’means the person applying for an account, the account owner.

     4.2. The use of any masculine, feminine, or neuter gender and the singular or plural numbers in these Terms and Conditions shall refer to the gender and number as the context requires.

     4.3. Any words or expressions used in these Terms and Conditions that are not defined in Section 4 shall have the respective meanings given to them in these Terms and Conditions.

     4.4. If this Agreement has been translated into other languages, the English version shall prevail.

 

  1. Account Registration, Privacy, and Safety

          5.1. Account Registration

All users are required to register an account to make use of the Service. Users can apply for an account for free by visiting the link provided by the Organization. Users must provide their full name and email address when they apply for an account.

Users agree to provide the Organization with current, complete, and accurate information during account registration.

        5.3. Account Approval and Access

We issue all accounts at our sole discretion. We are not legally or morally obligated to provide an account to any user, and we reserve the right to decline any account requests without providing reasons for our decision.

Once the Organization approves your account, you will be able to access your account and make use of all the available features and functionality by this Agreement.

       5.4. Privacy

We process all your personal information by our Privacy Policy. In the event of any change in your personal information, you accept full responsibility for updating your personal information by accessing your account settings. Please carefully review our Privacy Policy before registering your account, and do not submit any personal information if you do not agree with our privacy practices.

       5.5. Security

You are solely responsible for maintaining the confidentiality of your account login credentials to prevent unauthorized access to your account. You assume full responsibility for all usage and activities under your account. You agree to immediately report any unauthorized access to your account or other suspicious activity to below contact email. You hereby release the Organization from all liability arising from or associated with your failure to maintain the confidentiality of your login credentials. You agree that your decision to use the Service is entirely at your own risk.

 

  1. Account Termination

This Agreement will remain effective until you or the Organization terminates your account.

       6.1. Account termination by the Organization

We reserve the right to terminate your account or restrict/suspend your access to the App at any time and for any reason, including:

  1. If you breach any provisions of this Agreement;
  2. If you violate any applicable law;
  3. If we receive instruction to terminate your account or access to the App from any competent authority.

You acknowledge and agree that we will not be liable for any loss, damage, or costs incurred by you or another person from any termination or suspension of your account without notice. Where we terminate your account as a result of a breach of this Agreement or for compliance with legal order/requirement, you are strictly forbidden from (a) registering a new account, (b) accessing the Service through another user’s account, and (3) accessing the Service through any other unauthorized mechanism.

     6.2. Account termination by the user

You may request the termination of your account at any time by contacting your appointed instructor through email with the words “Account Termination” in the subject line.

      6.3. Consequences of termination

Once your account has been terminated, you will lose all access to the App. Please note that if you request the termination of your account, all your user content, including but not limited to any homework submitted by you on the App or your progress through the program, will be deleted, and you will not be able to reactivate your account at a later date and retrieve your data.

      6.4. Survival

All provisions of this Agreement that by their nature are intended to survive the termination of this Agreement shall survive.

 

  1. User Content
  2. The App enables users to participate in online activities as well as upload files for different activities (hereinafter referred to as “user content”).
  3. Your user content may contain text, hand-drawn artistic images, and other similar text and visual content. Your user content does not include any content, material, resources, software code, or the like that is created or owned by the Organization. Excluding the license you grant the Organization under Section 9.3 below, you retain all ownership rights to your user content.
  4. By uploading or submitting your user content on the App, you grant the Organization a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, fully-paid license to host, publish, translate, or display, in whole or in part, your user content, your name or likeness, to deliver our Service in any format and media now known or developed in the future without any compensation to you.
    You understand and accept that any user content you upload to the App is deemed non-confidential and will be visible to your assigned instructor and program manager on the App.
  5. You acknowledge and agree that the Organization shall not have any liability for the loss or destruction of your user content, and you hereby release the Organization from all liability arising from or associated with any loss, destruction, or misuse of your user content.
  6. The Organization reserves the right to monitor or remove any user content on the App, but we are not under any legal obligation to do so. Our failure to exercise our rights does not result in a waiver of such rights. The Organization will not be responsible for errors, omissions, or inaccuracies in your user content on the App. Your decision to post your user content on the App is entirely at your own risk, and you hereby release the Organization from all liability arising out of or associated with your user content.

 

  1. Intellectual Property
  1. The Organization retains all intellectual property rights in the Service, including but not limited to any text, graphics, audio-visual content, algorithms, software, processes, tools, documentation, and the like, as updated from time to time (“Organization Content”).
  2. All Organization Content is subject to trademark, copyright, and other applicable intellectual property laws and international conventions.
  3. Subject to your ongoing compliance with the Agreement, the Organization hereby grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Organization Content for your personal use only. Nothing in this Agreement shall be construed as a sale of any Organization Content to you. You will not acquire any right, title, or interest in or to the Organization Content, and the Organization reserves all rights that are not expressly granted herein.
  4. You shall not copy, modify, reverse engineer, create derivative work of, disassemble or decompile any Organization Content. You agree that you will not remove or otherwise tamper with any proprietary rights notices affixed on any Organization Content.
  5. You acknowledge and agree that any use or exploitation of the Organization Content in violation of this provision may cause us or our licensors irreparable injury. The Organization and its licensors may seek remedy for breach of this provision either in equity or through injunctive or other equitable relief.

 

  1. Digital Millennium Copyright Act Notice

If your copyrighted content is published, transmitted, or displayed on the Website or the App without your authorization, you are advised to send your copyright infringement notice to below contact email with the following information:

  1. Identification of the content that is claimed to be infringing your copyrighted works;
  2. Link or information relating to the page where such content appears;
  3. Your contact information, including your name, phone number, and email address;
  4. A written and signed statement by you that:
    1. The information provided by you in the copyright infringement notice is accurate; and
    2. Under penalty of perjury, you have the relevant rights and authority to communicate with us regarding the copyright infringement.

 

  1. Prohibited Activities

You expressly agree that you will not:

  1. Use the Service for any unlawful purposes;
  2. Use the Service in a manner that violates any provision of this Agreement;
  3. Harass or threaten any Organization employees (including our instructors), agents, or affiliates;
  4. Infringe the copyright, trademark, trade secret, or other intellectual property rights of others;
  5. Attempt to access the App through means other than the interface provided by the Organization;
  6. Circumvent or breach any security measures used by the Organization to protect the App;
  7. Modify, adapt, translate, or reverse engineer any portion of the App;
  8. Use any robot, site search/retrieval application, or other devices to scrape content or to circumvent the technological methods adopted by us to prevent such prohibited use;
  9. Reformat or frame any portion of the web pages without the express written consent of the Organization;
  10. Register accounts under false or fraudulent pretences;
  11. Register an account for a child who is not under your parental responsibility;
  12. Use the Website or the App to create competitive products/services;
  13. Introduce or transmit any virus, Trojan horse, worms, or other code or software routine of a malicious nature;
  14. Disrupt or otherwise interfere with the proper working of the App;
  15. Impose an unreasonable or disproportionately large load on our IT infrastructure.

Any violation of this provision will result in the immediate termination of your account.

 

  1. Electronic Communication

When you sign up for an account, you enter into this Agreement electronically. You understand and agree that all communication between you and the Organization is through electronic means.

For the purposes of this Agreement, you expressly consent to receive communications from the Organization electronically. Furthermore, you agree that all notices, disclosures, and other communications that the Organization provides you electronically will meet any legal requirement that such communication should be in writing.

 

  1. U.S. Export Controls

All Organization software in connection with the Service is subject to U.S. export control laws. You agree to comply with such applicable laws and regulations, and you agree that you will not transfer or export such software from the United States or re-export such software outside the United States in violation of the U.S. export laws and regulations. The Organization does not authorize the downloading or exportation of any software or data from the Website/App to any jurisdiction prohibited by the U.S. export control laws and regulations.

 

  1. Android and iOS Disclaimer

By downloading the App through the Apple App Store or the Google Play Store (hereinafter collectively “App Store”), you acknowledge to have fully read, understood, and agreed to the following notice:

  1. This Agreement is between you and the Organization, and the App Store is not responsible for the App or any Organization Content;
  2. The App Store does not offer any warranties for the App, and the App Store will not be responsible for any maintenance of the App or provision of any support services for the App. For any support, please contact the Organization and not the App Store from where you downloaded the App. The App Store is not under any obligation to provide support for the App;
  3. The App Store will not be responsible for any other claims, losses, liabilities, damages, or expenses concerning the App, including but not limited to any claim that the App failed to conform to any legal or regulatory standards/requirements;
  4. Any claim, action, or dispute relating to the App must be brought against the Organization. The App Store will not be responsible for the investigation, settlement, defence, or discharge of any third-party claims relating to the App whatsoever;
  5. The App Store is a third-party beneficiary of this Agreement with the right to enforce this Agreement against you. You agree to comply with all applicable third-party terms when using the App;
  6. You represent and warrant that you are: (1) not listed on any U.S. Government list of prohibited or restricted parties, (2) not located in a jurisdiction that is subject to the U.S. Government embargo, or (3) not located in a country that is designated as a “terrorist supporting” country; and
  7. In addition to the above, you represent that you have read, understood, and agree to any other applicable terms of the App Store from where you downloaded the App.

 

  1. Acknowledgments

You acknowledge and agree that:

  1. Your use of the Service is at your discretion. No advice or information, whether oral or written, you obtain from the Organization, its instructors or other employees shall create any warranty that is not expressly stated in this Agreement; and
  2. You will be solely responsible for all activities you undertake on the Service; and
  3. The Organization may add, modify or retire any features and functionality on the Service at its sole discretion. In the event the Organization modifies or retires any feature and functionality that are included in your current subscription, the Organization will notify you of the same, and such change will only become effective from the effective date specified in the notice to you.

 

  1. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT AVAILABLE THEREIN ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ORGANIZATION EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE. THE ORGANIZATION DOES NOT OFFER ANY WARRANTIES THAT THE SERVICE OR ANY ORGANIZATION CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, ERROR-FREE, AND SECURE; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (E) ANY DEFECTS OR ERRORS WILL BE CORRECTED.

THE ORGANIZATION’S DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS (“THE ORGANIZATION AND ITS OFFICERS”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY. IN NO EVENT SHALL THE ORGANIZATION OR ITS OFFICERS BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF THE APP OR ANY INSTRUCTOR’S CONDUCT.

 

  1. Limitation of Liability

IN NO EVENT SHALL THE ORGANIZATION OR ITS OFFICERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, AND INCIDENTAL DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF DATA OR ANY OTHER SIMILAR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, YOUR CONDUCT, YOUR RELIANCE UPON ANY ORGANIZATION CONTENT, ANY INTERRUPTION OR CESSATION OF THE WEBSITE/APP, EVEN IF THE ORGANIZATION WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

THE ORGANIZATION AND ITS OFFICERS’ LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF THE FOLLOWING AMOUNTS: (1) ANY FEES YOU PAID TO THE ORGANIZATION IN THE MONTH WHEN THE CLAIM FIRST AROSE; OR (2) USD 50.

SOME JURISDICTIONS DO NOT ALLOW ANY LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES; IF YOU ARE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. Indemnification

You hereby indemnify, defend and hold harmless the Organization and its officers against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with:

  1. Your use of the Service;
  2. Your breach of this Agreement;
  3. Your negligence or wilful misconduct; or
  4. Your violation of applicable law.

The Organization may, at our sole discretion, assume the exclusive defence of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Organization.

 

  1. Binding Arbitration and Class Action Waiver

YOU AND THE ORGANIZATION WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR ANY BREACH OF THIS AGREEMENT.

YOU UNDERSTAND AND ACCEPT THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST THE ORGANIZATION. YOU AND THE ORGANIZATION AGREE TO RESOLVE ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR THIS AGREEMENT BY BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION BY ITS COMMERCIAL ARBITRATION RULES. CLAIMS SHALL BE HEARD BY A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. EACH PARTY SHALL BEAR ITS COSTS AND EXPENSES AND AN EQUAL SHARE OF THE ARBITRATOR’S AND ADMINISTRATIVE FEES OF ARBITRATION.

THIS ARBITRATION PROVISION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF TERMINATION.

 

  1. Governing Law

These Terms and Conditions shall be governed by and interpreted under the laws of Florida, United States, without giving effect to any principles of conflict of law.

 

  1. Amendments

We reserve the right to update this Agreement at any time. Where we make any changes to this Agreement, we will update the last modified date on the top. Unless expressly specified otherwise, all amendments shall be effective from the date we publish the updated version on our Website and App. Please note that if we make any amendments that materially impact your rights or obligations under this Agreement, we will also notify you of such changes by email before the effective date of such amendments. You are advised to periodically review this Agreement to familiarise yourself with any material changes. Your continued use of the Service after the effective date of any amendments shall constitute your acceptance of such amendments. If you do not agree with any amendments to this Agreement, your sole remedy is to cease using the Service.

 

  1. Feedback

We welcome your feedback and any suggestions for improvements. Although we love to receive feedback and suggestions, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback or suggestions to us, you understand that you are granting us a fully paid and exclusive, irrevocable, perpetual, and worldwide license to use or share your submission as we deem fit and without any restriction or compensation to you, either now or ever in the future. You understand and accept that the Organization has the right to use your feedback or suggestion in any manner and for any purpose we deem fit, but we are not under any obligation to do so. Your feedback and suggestions are deemed non-confidential.

 

  1. Contact us

For any queries or requests, you can write to us at:

[email protected]

 

  1. Force Majeure

The Organization shall not be liable for the failure to perform any of its obligations in this Agreement if such failure is caused by any force majeure event such as war, epidemic, insurrection, terrorist activities, government sanction, embargo, labor dispute, strike, or any interruption or any failure of electricity or server, system, computer, internet or telephone service.