Terms of Service
a)Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
b) Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Services.
c) Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Flowers Beauty Academy will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
2) WEBSITE SERVICES
Flowers Beauty Academy will provide an annual subscription of Flowers Beauty Academy Connect plus Website. By accessing this Website, you are agreeing to be bound by these Terms of Services, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. Your continued use of the Website shall constitute your acceptance to the Terms of Service, as revised from time to time. Flowers Beauty Academy reserves the right to update the Website and / or Services, in order to, inter alia, introduce new features or Services, enhance existing features or Services, improve user experience and performance. You will be required to update the Website with the update packages sent to your devices for download and installation. You hereby agree that Flowers Beauty Academy will be able to provide support services only if you install all the updates upon receiving notifications while using the Website and its Services.
3) ACCOUNT REGISTRATION AND SECURITY
a) You must register an account on the Website (an “Account”);
b) When you register on the Website and set up your Account, you must:
- (i) provide accurate and complete information;
- (ii) promptly update your Account information with any new information that may affect the operation of your Account;
- (iii) authorize Flowers Beauty Academy to make any inquiries We consider necessary or appropriate to verify your Account information or the information you provide to us related to any Services you provide via the Website; and
- (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, Educator integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”). You are responsible for safeguarding and maintaining the confidentiality of Your Account information. You agree not to disclose your Account information to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account on the Website, whether or not you have authorized such activities or actions. You will immediately notify Flowers Beauty Academy of any unauthorized use of your Account. You may be held liable for losses incurred by Flowers Beauty Academy due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
c) You agree that this Website and its Services are made available to you on a non-exclusive, non- transferable, non-indispensable and on a limited license basis and hence, you will not permit, enable, introduce or facilitate other persons to participate in providing Educating services from your Account, including others who may be subject to an agreement that is the same or similar to this Agreement. d) If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Flowers Beauty Academy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Flowers Beauty Academy has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
4) DUTIES OF A Educator
a) You will comply with all applicable local, provincial laws, and regulations in connection with your provision of the Services. b) You have specific knowledge of the curriculum, the qualification framework which is applicable to each and every End User and teaching material including but not limited to online content that is unencumbered of any copyright issues. c) You shall keep Flowers Beauty Academy informed of any issues or problems with each End User, as and when they develop. d) You shall not engage in any activity and/or conversation with the End User other than strictly for the purposes specifically laid down under these Terms as integral constituents of the Services, prior to, during the continuance of, and after each and every session. e) While Using the Website, You shall not- a) use the Services and the assets, either directly and/or indirectly, for sharing of nudity, pornographic or adult material, sexually explicit images or descriptions involving sexual behaviour, or other content deemed offensive by Flowers Beauty Academy according to community standards and/or Applicable Law, is strictly prohibited. Flowers Beauty Academy reserves a right to immediate terminate Your account on being notified of any such act performed without any further notice.
b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of the End User.
c) conduct or forward surveys, contests that are construed as illegal activities that include but are not limited to gambling activities, pyramid schemes or chain letters; 3
d) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
e) any information provided by You on this site shall not be misleading in any way;
f) use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website;
g) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
5) RIGHT OF Flowers Beauty Academy & EDUCATOR
a) Educators include such persons who are creating “Educatorials” like video Educatorials, audio clips, documents for educational purposes and using Website’s options to upload, display, publish, share and educate. As an Educator with the Educatorials on the Website, you warrant to Flowers Beauty Academy that:
- a. You are the owner or license holder of all the copyright in the Educatorials
- b. The Educatorials do not infringe on any trademark, copyright, patents, moral rights, or any rights of privacy and/or publicity or any other intellectual property rights of any person or entity.
- c. The Educatorials are by no means harmful or hateful in nature and do not disparage, insult or malign any person, people, races, religion, gender.
- d. The Educatorials are not in contradiction to any applicable laws.
b) Educator agrees and acknowledges that Flowers Beauty Academy has no role or control and assumes no responsibility whatsoever for the Educatorials. By posting any such Educatorials on the Website, You are personally liable for any and all liability arising therefrom. You also agree that Flowers Beauty Academy has the right to review the content but not an obligation to assess if the same is contrary to the Terms of Service and / or any applicable laws. Further, Flowers Beauty Academy may remove any content from the Website and/ or disable, terminate block, or suspend the Account in its sole discretion including the instances where a notice is received by Flowers Beauty Academy that such Educators breach any intellectual property of any third party.
c) Nothing in this Agreement shall restrict Flowers Beauty Academy from expanding to other commercial markets in any manner whatsoever, including but not limited to in collaboration with other third party partners and/or Educators.
d) Notwithstanding anything contained herein, Flowers Beauty Academy shall have a unilateral right to terminate this Agreement.
e) Subject to Applicable Law, Flowers Beauty Academy reserves the right to ask for more information from the Educator which is directly connected to the Services (including but not limited to reference checks, educational qualification checks etc.)
f) Flowers Beauty Academy reserves its right to monitor and/or record the use of all or any part of any data relating to the session held.
6) DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS
a) each Party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Agreement and any other documents executed in connection with or pursuant thereto. b) the Educator specifically covenants that he/she shall keep confidential all information of the End User and shall contact such other parties in relation to the education of the End User only if given written permission by the End User to do so. c) notwithstanding anything contained herein, the Educator does not have the right to assign any of his/her duties or obligations to any other organization under this Agreement. d) the Educator represents and warrants that he has the full right to provide Flowers Beauty Academy with the intellectual property rights envisaged under this Agreement; e) the Educator undertakes to maintain a healthy working relationship with the End User; f) the Educator shall comply with all applicable laws in the course of performing its obligations under this Agreement; g) the Educator represents that he/she has no criminal antecedents or convictions and/ or any criminal action is pending against him/her; and h) the Educator shall under no circumstances discuss or share any personal information with the End User nor shall he/she entertain such discussions on the part of the End User. The sessions shall be specific to the subject of the Educator and under all circumstances shall be for educative purposes. All renewals of education sessions with the End User should be through Flowers Beauty Academy ’s platform and follow the same process.
7) THIRD PARTY CONTENTS
8) INTELLECTUAL PROPERTY
a) Flowers Beauty Academy shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patent able), works of authorship, mask works, designations, designs, know- how, content of the Website, ideas and information which are subject matter of services (collectively referred to as “Intellectual Properties”). b) the Educator will hold in confidence and not disclose or, except in performing its duties under this Agreement, use any Intellectual Properties of Flowers Beauty Academy . c) Upon termination and as otherwise requested by Flowers Beauty Academy , the Educator will promptly return to Flowers Beauty Academy all items and copies containing or embodying Intellectual Properties, if any. d) notwithstanding anything contained in this Agreement, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.
The Educator agrees to keep all technical and non-technical information, which Flowers Beauty Academy may have acquired before or after the date of this Agreement in relation to the technology, customers, business, operations, financial conditions, assets or affairs of the other Party resulting from negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relates to the contents of this Agreement (or any agreement or arrangement entered into pursuant to this Agreement), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, Customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of either of the Parties confidential or any other information designated as confidential from time to time. Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which:
(a) was known by the Educator prior to receiving the confidential information from Flowers Beauty Academy ;
(b) becomes rightfully known to the Educator from a third-party source not known (after diligent inquiry) by the Educator to be under an obligation to Flowers Beauty Academy to maintain confidentiality;
(c) is or becomes publicly available through no fault of or failure to act by the Educator in breach of this Agreement;
(d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation; and
(e) is or has been independently developed by employees, consultants or agents of the Educator without violation of the terms of this Agreement or reference or access to any confidential information.
During the term of this Agreement and for a period of 36 months following the termination of this agreement, The Educator shall not, directly or indirectly, in any manner whatsoever engage in any capacity with any business competitive with Flowers Beauty Academy ’s current lines of business of creating, developing, providing or selling Website and Services, in partial or full, or any business then engaged in by Flowers Beauty Academy , any of its subsidiaries or any of its affiliates for the own benefit or for the benefit of any person or entity other than Flowers Beauty Academy or any subsidiary or affiliate.
Educator will not (either directly or indirectly) solicit (other than general solicitations through newspapers or other media of general circulation not targeted at such Customers/employees of Flowers Beauty Academy ) any employees or Customers of Flowers Beauty Academy ; (ii) Educator will not hire any person, who is or was an employees of Flowers Beauty Academy or is or was a Customer of Flowers Beauty Academy , regardless of any solicitation activities, such Person is an employee or a Customer of Flowers Beauty Academy or any of its affiliates until Flowers Beauty Academy or its affiliates have been legally wounded/liquidated up under the applicable law ; and (iii) Educator will not, directly or indirectly, on its behalf or on behalf of or in conjunction with any Person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any non-clerical employee, officer, director, independent contractor, advisor, consultant or otherwise with whom it had personal contact or supervised while performing his/her work, to terminate their employment relationship with Flowers Beauty Academy and/or its Affiliate(s). The Parties agrees and undertakes that from the Effective Date and during the Term or anytime after the expiration of this Agreement, they shall not directly or indirectly, on their own behalf or on behalf of others, solicit, recruit, or induce or attempt to persuade any person now or at any time hereafter engaged by the other Party and/or its Affiliate(s) as an employee, officer, director, independent contractor, advisor, consultant or otherwise, to terminate their employment with, or otherwise cease their relationship with the other Party and/or its Affiliate(s).
a) Either party shall have the right to terminate this Agreement by giving a thirty (30) days prior notice of termination. b) notwithstanding anything contained under this Agreement, Flowers Beauty Academy shall have right to terminate this Agreement at any time during the Term by giving the Educator thirty (30) days’ notice in writing without any obligation or liability whatsoever. Flowers Beauty Academy will also have the absolute right to terminate this Agreement with immediate effect, if the Educator commits a breach of this Agreement without any obligation or liability whatsoever. c) In the event of any termination of this Agreement, Educator shall promptly and forthwith make payments of all the commission accrued or due to Flowers Beauty Academy . d) on termination of this Agreement: a) Educator shall return to the Flowers Beauty Academy all things belonging to Flowers Beauty Academy ; and b) any rights or obligations of the Educator existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this Agreement and such other provision as specifically identified in this Agreement, shall survive.
13) PAYMENTS & REFUND
a) The Educator shall raise the invoice to the End User for the services rendered and Flowers Beauty Academy will be entitled for the Service Fee, as mentioned in the quotation shared with You, as platform facilitation fee which shall be remitted by the Educator to Flowers Beauty Academy against the invoices raised by Flowers Beauty Academy within a period of seven (7) days. The terms of the payment structure envisaged herein shall be read in consonance with the structure delineated on the Website. For clarification of doubt, at times of the conflict, the terms of this Agreement shall supersede the terms laid down on Flowers Beauty Academy ’s website. b) At the instance of any promotional discount provided by Flowers Beauty Academy , the Educator specifically agrees to such reduction to his Service Fee and specifically disclaims any and all rights pursuant thereto under any contract, applicable law and/or equity. c) Flowers Beauty Academy reserves the right to amend the pricing, pricing bands or structure in any transaction that falls within the purview of this Agreement from time to time for any reason whatsoever, subject to due notification of such amendment to the Educator (direct notification or via Flowers Beauty Academy ’s Website) and the Educator specifically disclaims any and all rights that vest upon him/her under any contract, law or equity in this regard. d) Notwithstanding anything contained herein, the Educator understands, agrees, affirms and acknowledges that the Service Fee shall be the full and complete remuneration for any and all services envisaged under this Agreement. Refund Policy Under no circumstances Flowers Beauty Academy be liable to refund the invoice amount if:
a) the Product contains the live features;
b) the technical/support team of Flowers Beauty Academy is helping to onboard and set up your platform/application;
c) any other circumstances, which at the sole discretion of Flowers Beauty Academy is considered to be a non-refundable event; and
d) third party content published on social media channels not belonging to Flowers Beauty Academy . Flowers Beauty Academy shall refund the invoice amount, if a) Product is different from the one it was displayed at the time of sales; or b) Any features of the Platform/application (as mentioned in the Quotation) are missing. Notwithstanding anything contained under this Agreement, You shall not have any right to make any claims of whatsoever nature against Flowers Beauty Academy after a expiry of seven (7) days from the date of Your subscription to the Platform/application.
14) NO WARRANTIES
The materials on Flowers Beauty Academy ‘s Website are provided “as is”. Flowers Beauty Academy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchant ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Flowers Beauty Academy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
16)LIMITATION OF LIABILITY
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to You. We suggest that You regularly check these Terms of Services to apprise Yourself of any updates. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Services, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable.
19) FORCE MAJEURE
If the performance of the Party’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of the Parties, or an act of God (each a “Force Majeure Event”), then the Parties shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the Parties shall give prompt notice within a period of three (3) days from the date of occurrence of the Force Majeure Event and providing a description to the other Party of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that the Parties shall use reasonable efforts to avoid or remove such cause of non- performance and shall continue performance hereunder whenever such causes are removed. If the Party’s performance of its obligations under this Agreement is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) Business Days, the Parties may terminate this Agreement without incurring any charges.
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
21) GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
22) GRIEVANCE OFFICER
In accordance with Information Technology Act 2000, Information Technology (Intermediary Guidelines) Rules, 2011 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Phone: +91 8754309675
Time: 10:00 AM to 05:00 PM