- 1.1 MINDZVERSE EDUCATION TECHNOLOGY PRIVATE LIMITED is a company incorporated under the laws of India, with its registered office at Flat No. 608, Wing 1A, Rahul Residency, Tatya Wazalwar Marg, Ganeshpeth, Near Vidharba Co. Society, Nagpur, MH, 440018, INDIA and having CIN U72200MH2020PTC340198.
- 1.2 mindZverse is an online training portal.
- 1.4 If there is any conflict:
- 2.1 The Website is an electronic platform in the form of a portal that (a) provides Consulting & Implementation services for the web applications, and (b) such other services as are incidental and ancillary thereto.
3. ELIGIBILITY TO USE
- 3.2 mindZverse reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without any reasons for doing so.
- 3.3 You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
- 4.1 You may access and use the Website and the Services as a guest user wherein you can submit Your inquiry and Our team shall get back to you regarding Your requirements.
- 4.2 Registered users: mindZverse may make certain sections of the Services available to You through the Website only if You have provided mindZverse certain required User information and created an account and a mindZverse ID through certain log-in ID and password ("Account"). You may create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (mindZverse ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify mindZverse of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. mindZverse cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by mindZverse or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or mindZverse has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, mindZverse 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).
- 5.1 Presently, mindZverse does not levy any fee for browsing the Website. mindZverse may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. mindZverse will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service.
6. USER OBLIGATIONS
- 6.1 mindZverse grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
- 6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as study material if any provided by mindZverse) that Your access on the Website in accordance with Clause 7.
- 6.4 You agree not to access (or attempt to access) the Website by any means other than through the interfaces that are provided by mindZverse. You shall not 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 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.
- 6.5 If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
- 6.6 The Website may allow you to post certain content, data or information of Your own, as well as submit any suggestions, comments, questions or other information to mindZverse using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that mindZverse does not endorse any User Content on the Website and is not responsible or liable for any User Content. mindZverse reserve the right to disable access to the User Content on the Website.
- 6.7 When you use the Website You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
6.10 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
6.11 You may need to install updates that we or any third party introduce from time to time to use the services, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates").
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
- infringes any patent, trademark, copyright or other proprietary rights;
- contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any mindZverse server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- use the Website for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of mindZverse or other third parties;
- 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;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the terms of the Agreement.
7. USE OF CONTENT
- 7.1 Except as expressly indicated to the contrary in any applicable Additional Service Terms, mindZverse hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print the Content available on the Website, subject to the following conditions:
- You may not modify or alter Content available on the Website;
- You may not distribute or sell, license or otherwise make the Content available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the Content available on the Website.
- 7.2 The rights granted to You in the Content or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
- 7.3 Any software that is available on the Website is the property of mindZverse. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of mindZverse.
8. INTELLECTUAL PROPERTY RIGHTS
- 8.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, study material provided under the course, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by mindZverse or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. mindZverse reserves the right to change or modify the Content from time to time at its sole discretion.
- 8.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of mindZverse or respective third parties. You are not permitted to use the Marks without the prior consent of mindZverse or the third party that may own the Marks.
- 8.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, mindZverse owns all intellectual property rights to and into the trademark " mindZverse", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- 8.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from mindZverse or thirty party owner of such Content.
9. THIRD PARTY CONTENT
- 9.1 General third party information as well as blogs such as, specifications, reports on news, entertainment, technology and features including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. All Third Party Content is provided on an 'As Is' basis. mindZverse does not provide any guarantee with respect to the accuracy, title, non-infringement or fitness for a particular purpose of any Third Party Content. mindZverse shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
- 9.2 In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. mindZverse makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of services described thereon.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY
- 10.1 You agree to indemnify, defend and hold harmless mindZverse, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with Your breach of the Agreement(s).
- 10.2 mindZverse may notify You of any claims which You shall be liable to indemnify mindZverse against. You will then be required to consult with mindZverse regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of mindZverse without the express prior written consent of mindZverse which can be withheld or denied or conditioned by mindZverse in its sole discretion.
- 10.4 Notwithstanding anything to contrary in the Agreement(s), in no event shall mindZverse, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not mindZverse has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
- 11.1 The Agreement will continue to apply until terminated by either You or mindZverse as set forth below. If You want to terminate Your agreement with mindZverse, You may do so by not accessing the Website.
11.4 Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until mindZverse chooses to terminate them.
- mindZverse is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- mindZverse has elected to discontinue, with or without reason, access to the Website, or
- In the event mindZverse faces any unexpected technical issues or problems that prevent the Website from working.
12. GOVERNING LAW AND JURISDICTION
13. REPORT ABUSE AND TAKE DOWN POLICY
- 14.1 When You use the Website or generate inquiry or contact Us or make a communication with mindZverse, You agree and understand that You are communicating with mindZverse through electronic records and You consent to receive communications via electronic records from mindZverse periodically and as and when required. mindZverse will communicate with You by email or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
15. GENERAL PROVISIONS
- 15.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. mindZverse’ rights and/or obligations under the Agreement are freely assignable or otherwise transferable by mindZverse to any third parties without the requirement of seeking Your prior consent. mindZverse shall have right to transfer Your Account and Account Information to a third party who purchases mindZverse’ business as conducted under the Website.
- 15.6 Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of mindZverse for the purpose of this Agreement shall be Sanket Chouksey with email address: contact@mindZverse.com. mindZverse may change the aforesaid details from time to time under intimation to You.