Definitions
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, references to this agreement as amended, novated, supplemented, varied or replaced from time to time.
“Content Offerings” includes the courses offered by USHA related to fashion craft, design, sewing, stitching and any other courses that may be added from time to time including the content contained therein, videos, quizzes, activities, assignments, assessments, discussion forums.
"Information" includes data, text, images, videos, sounds, codes, computer programs, software and databases or microfilm or computer-generated micro fiche.
“LMS Platform” is the platform provided by Blackboard B.V. that is being used to deliver the courses being offered by USHA.
“Services” includes the various products and services offered by Studio of Fashion and Craft by USHA Limited including the Website, applications, software, content, Courses and any other products and services being offered.
"USHA Policies" refers to all policies related to the Services, including but not limited to the Privacy Policy and Refund Policy, as well as any amendments or updates to such policies, as published on the Website from time to time. These policies govern the use of the Services and form an integral part of the Terms and Conditions.
"User, you, your" means and includes any person or any legal entity using and / or accessing the services being offered by Studio of Fashion and Craft by Usha International Limited,.
“User Content” includes all the content created and developed by the User and submitted to USHA including any homework, quizzes, exams, projects, assignments, posts made by the User in any forums, and content developed by the User for use in blog posts on the Website.
"USHA," "We," "Us," or "Our" refers to Usha International Limited, a company having its registered office at 19, Kasturba Gandhi Marg, Delhi – 110001, which owns and operates the Website and provides the Services offered through it.
About the Website
The Website www.studiooffashionandcraft.com is a website that provides the information about and purchase of courses pertaining to sewing and fashion craft that have been developed by the Studio of Fashion and Craft by Usha International Limited.
USHA reserves the right to refuse Services at its sole discretion to any User.
Eligibility
You represent and warrant that you are competent and eligible to enter into a legally binding agreement, and if registering on behalf of an organisation then you are authorised to enter into an agreement on behalf of such organisation.
If you are a minor then you may access the Website and avail Services only under the supervision of and with the consent of a legal guardian. By permitting a minor to use the Services, the guardian agrees to be bound by the Terms of Use and all USHA Policies and is responsible for the activities of the minor on the Website, including participation in the courses and associated payments.
You shall comply with these Terms of Use, all applicable laws, and other USHA policies (including the Privacy Policy, Refund Policy) that are published on the Website.
Assent and Acceptance
By accessing or using the Website, You acknowledge that You have read, understood, and agreed to be bound by these Terms of Use and all applicable USHA Policies. If You do not agree to these Terms, You must not register, enrol, or use any of the Services offered on the Website.
Website Access and Account Registration
To avail the Services from the Website, You are required to register and create an account on the Website. You agree to provide accurate, current and complete information for the purpose of registration. USHA shall not be liable in case of any discrepancy in the information provided.
USHA does not screen or censor users who register on and access the Website. USHA shall not be liable for any dispute or difference amongst the users registered for the Services. You agree to use the Services only for lawful purposes without infringing the rights of or restricting the use of the Services by any third party.
Usage Rights
Subject to these Terms of Use and other Policies, USHA grants to You a limited right to use the Content Offerings. You understand and acknowledge that the Content Offerings are an absolute proprietary property of USHA and any unauthorised or unintended use is strictly prohibited and shall be construed as infringement of USHA’s intellectual property and ownership rights.
You agree that You will create, access, and / or use only one user account, unless expressly permitted by USHA and You will not share access to Your account or any information pertaining to Your account with any third party. USHA will not be liable or responsible for any unauthorised use or access of Your account.
Content Offerings
USHA reserves the right to cancel, interrupt, reschedule, modify any of its Content Offerings, including changing the point value or weight of any assignment, quiz or assessment, modifying any of the modules or course structure. USHA shall not be liable to inform users of any such changes that have been effected in the Content Offerings.
User Content
Subject to compliance with the terms and conditions contained herein including payment of all applicable fees and charges, You retain full ownership of, and responsibility for, any User Content you create, submit, or share while participating in or availing the Services. All intellectual property rights in such User Content remain with you.
To the extent that you provide User Content, you grant USHA an irrevocable and fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display and use the User Content commercially or otherwise. This license includes granting USHA the right to use User Content with other users, and / or on campus learners, or other learners independent of the Services. Nothing in these Terms of Use shall restrict the other legal rights USHA may have to use User Content. USHA further reserves its right to remove or modify any User Content for any reason.
You are solely responsible for the User Content that you create and / or submit, upload, or share while availing the Services. You represent and warrant that such User Content does not infringe upon or violate the intellectual property rights or any other rights of any third party. You agree to indemnify and hold harmless USHA, its affiliates, directors, officers, and employees from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with any such infringement or violation caused by Your User Content.
Payment for Services
Services offered by USHA on its Website may be paid Services for a fee. You are responsible for paying all fees charged by USHA and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. USHA reserves the right to change any fees at any time at its sole discretion which will be effective immediately upon updation.
Intellectual Property Rights
USHA is the owner, having proprietary rights, in all Content and Content Offerings (including but not limited to design, logos, colour schemes, graphics style, text, images and videos) displayed on this Website and available on the LMS platform, unless otherwise stated. Any unauthorized use of USHA’s materials, patents, trademarks, trade/domain name, logos, slogans, graphic style, design, source code or computer programme or any branded features is strictly prohibited and shall be in violation of USHA’s intellectual property rights.
You are expressly prohibited from copying, reproducing, modifying, adapting, translating, creating derivative works from, publishing, displaying, distributing, or otherwise exploiting in any form, any of USHA’s proprietary materials available on the Website or the LMS Platform or shared with You by USHA, including but not limited to the Content Offerings. Any attempt to use, download, store, reproduce, or distribute the Content Offerings or other proprietary materials for any unauthorised or unintended purposes, whether directly or indirectly, shall be deemed to be a material breach of these Terms of Use.
USHA, SHRIRAM, Studio of Fashion and Craft, UIL, the Hab etc. Trademark/ logo, any prefix or suffix placed in juxtaposition to these marks, or combination thereof, any sub marks displayed in conjunction to the aforesaid marks or otherwise, slogans, literary information, technical specification, images, or any other information as defined in the terms of usage and displayed on the Website of the USHA or otherwise is the Intellectual Property Right owned by and vested in USHA. The above stated intellectual property is registered under the provisions of The Trade Marks Act, 1999 and or The Copyright Act, 1957 in favour of USHA.
You acknowledge that all the intellectual property rights (whether registered or unregistered) in the Website and/or the Services are vested in USHA or availed by USHA pursuant to valid legal arrangements / subscriptions with the respective third parties. Any goodwill and intellectual property rights arising out of the use of such intellectual property rights vested in USHA shall inure to the benefit of USHA.
Any unauthorized use of USHA’s intellectual property may result in the immediate suspension or termination of Your access to the Services, and USHA reserves the right to pursue all available legal remedies, including injunctive relief and claims for damages, without limitation. You will be strictly liable to indemnify USHA for any and all damages, including recovery of attorney's fees, which may be suffered and/or incurred as a result of such infringement.
Links to Non-USHA websites
USHA may provide on the Website, links to websites operated entities other than USHA on an “as is” basis. USHA does not undertake to monitor or review third-party website content nor is USHA responsible for the accuracy of any such third-party websites, that may be accessed through the Website. If You visit any linked website, You shall do so at Your own risk and it shall be Your responsibility to take all protective measures against viruses, bugs or any other destructive elements. USHA makes no warranty or representation regarding any link or web information appearing thereon or any of the products or services described thereon. Links do not imply that USHA endorses or is affiliated or associated with or is legally authorised to use any trademark, trade name, logo or copyright symbol of USHA or any of its affiliates or subsidiaries.
Acceptable Use
You shall not use the Services for any unlawful purpose or in any way that could damage the Website, services or general business of USHA.
You are prohibited to share any content on the Website that:
- Contains illegal content or promotes illegal activities.
- Is abusive or otherwise contains any inappropriate content directed at private individuals.
- Violates, misappropriates or otherwise infringes intellectual property rights, privacy or other individual rights.
- Otherwise violate any of the Terms of Use or other Policies.
You are not allowed to:
- Do anything that violates local, state, national or international law or breaches any of Your contractual obligations or fiduciary duties;
- Share Your password, let anyone besides Yourself access Your account, or do anything that might put Your account at risk.
- Attempt to access or use any other User’s account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from the Services, unless specifically authorised to do so.
- Break or circumvent USHA’s authentication or security measures or otherwise test the vulnerabilities of USHA or it’s affiliates’ systems or networks.
- Try to reverse engineer any portion of the Services.
- Try to interfere with any user, host or network, for example by sending a virus, overloading, spamming or mail – bombing.
- Perform any act that may impose unnecessary or unreasonable hindrance upon the infrastructure of the Website.
- Use the Services or Website to distribute malware.
- Use the Services for anything other than for its intended purpose being signing up for and completing the online courses.
- Impersonate or misrepresent Your association with any person or entity.
- Use the Website or Services for any form of content, data, or text scrapping (including but not limited to screen scraping, web harvesting, or web data extracting) through manual, mechanical or automated means including the use of bots or other similar software.
- Use any content, data, or text in any form in the Services for text or data mining purposes, or develop or train any application, software, code, or data models including but not limited to generative artificial intelligence or other artificial intelligence and machine learning models irrespective of the purposes whether commercial or non-commercial.
Indemnity
You hereby agree to indemnify, defend and hold harmless USHA, its subsidiaries, affiliates, directors, officers and employees harmless from any claim, demand or damage, expenses and liabilities, including reasonable attorney's fees, whether asserted by USHA or any third party related to or arising out of: (a) Your use or attempted use of the Website and Services in violation of these Terms of Use and any other applicable Policy; (b) violation of any law or rights, including any intellectual property rights, of any third party by You; or (c) Content uploaded by You on the Website or submitted as a part of the Services, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Without prejudice to the limitation of liability set forth herein, the User agrees to take all reasonable steps to mitigate the User's loss that may arise on account of any action or inaction on the part of the User, including but not limited to negligence, libel, defamation, violation of rights of privacy or publicity, intellectual property rights, breach of contract or otherwise, which the User may bring against USHA.
Limitation of Liability
USHA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN USHA OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT; OR (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT OR INFORMATION. USHA’S LIABILITY IN SUCH AN EVENT SHALL BE NIL.
Modification or Termination of Services
USHA may add or remove functions, features, or requirements, and USHA may suspend or stop provision of Services or access to the Website in part or in full. Accordingly, USHA may terminate Your use of any service for any justifiable reason without any prior intimation to You.
USHA assumes all the rights, at its sole discretion, to change, alter, add or remove any portion of this Terms of Use or other USHA policies, in whole or in part at any time. Changes in this Terms of Use or other USHA Policies shall be effective when the same is published and / or updated on the Website. You agree that Your continued access and use of the Services after such change or alteration will be presumed as acceptance of such change or alteration.
Binding Agreement
The terms and conditions contained herein, along with other USHA Policies, form an agreement regulating Your relationship with USHA with regards to the use of the Website and Services by You. By accessing the Website, You agree to be bound by the terms and conditions contained herein.
As some of the Services being offered are downloaded on or accessed through your computer, phone, tablet or other device, you agree that USHA may automatically update this Website or software and that these Terms of Use shall be applicable to such updates.
Governing Law and Jurisdiction
The agreement is governed and construed in accordance with the laws of the Union of India. The User hereby irrevocably consents to the exclusive jurisdiction and venue of Courts in New Delhi, India with respect to all disputes relating to or arising out of the use of the Services. If, use of the Website and / or Services, is found to be prohibited or restricted in any jurisdiction then USHA shall not be liable for the use, application, performance of the Website and / or Services, in any manner whatsoever.
Disclaimer
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. USHA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF PROVISION OF SERVICES AND / OR USE OF THE WEBSITE.
USHA EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESSED OR IMPLIED ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TRUTHFULNESS, QUANTITY, CONTINUITY, PERFORMANCE, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE WEBSITE FOR ANY PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR WEBSITE OR ANY RELIANCE ON ANY INFORMATION ON THE WEBSITE SHALL BE AT YOUR OWN RISK AND LIABILITY.
