x
Last Updated: 30 June 2018
The following terms and conditions (“Terms of Service”) together with our Privacy Policy (“Privacy Policy”) (collectively, the “MENTit Terms”) govern your use of the Platform and/or the Services.
The MENTit Terms constitute a binding and enforceable legal contract between you and MENTit (and its Affiliates) – so please read them carefully.
By using the Platform and/or using the Services, you agree to be bound by the MENTit Terms. If you do not agree to the MENTit Terms, do not access and/or use this Platform or the Services. If you do not agree to the MENTit Terms, you may not visit, use, or access the Platform or the Services.
1.1 Unless otherwise defined, the definitions and provision in respect of interpretation set out in Schedule 1 (“Definitions and Interpretation”) will apply to these Terms of Service.
2.1 You must be at least 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Services. Any guardian can register on MENTit on behalf of a minor.
2.2 In order to access and use our Services, you must sign up and open an Account with, MENTit, our Affiliates or our Partners by providing your valid email address and any other information indicated as required.
2.3 Subject to Clause 2.4 below, the person signing up and opening an Account will be the considered the Account owner and contracting party for the purposes of our Terms of Service and will be the person authorised to use the Account in connection with the Services.
2.4 You warrant that all particulars and information provided in the creation of your Account are complete, true and accurate. You shall ensure that such personal particulars and information are kept updated in the User profile.
2.5 You are solely responsible for the activity that occurs on your Account and shall be responsible for maintaining the security and confidentiality of your password to your Account. You shall never use another User’s Account. You must notify us immediately if you have knowledge that or have reasons for suspecting that the confidentiality of your password has been compromised or if there has been any unauthorised use of your Account or any other known Account-related security breach.
2.6 We shall not be liable for any losses or damages incurred as a result of Your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
2.7 If You have reason to believe that your Account details have been obtained by another without consent, you should contact us, our Affiliates and our Partners immediately to disable Your Account.
3.1 As part of using the Services, MENTit may require the collection, access and use of personally identifiable information pertaining to you including the activities or navigation undertaken by you through the Services. You acknowledge and agree that our Privacy Policy which governs such activities.
4.1 Your Obligations. You undertake and agree to:
4.1.1 Comply with any and all guidelines, notices, operating rules and instructions pertaining to the use of the Services and/or access to the Platform, as may be amended by us from time to time;
4.1.2 Be solely and fully responsible for all activities that occur under your Account and for any of your User Content, whether or not authorised by you;
4.1.3 Comply with all applicable laws including but not limited to Indian Copyright Act 1952, Indian Contract Act 1872, (Indian) Information Technology Act, 2000 or any other specific laws applicable to you;
4.1.4 Regularly save and back up any of your User Content.
4.2 Restricted Activities. You agree and undertake not to:
4.2.1 Use the Platform or Services for illegal or unauthorised purposes;
4.2.2 Post, promote or sell through the Platform or Services any of your products or services;
4.2.3 Post, transmit or display any content in a context which may be deemed as scandalous, defamatory, libellous, obscene, profane, harassing, threatening, abusive, racist, offensive, inflammatory, deceptive or fraudulent, encouraging unlawful conduct, or which otherwise violates the rights of MENTit or any third party (including any intellectual property rights privacy rights, contractual rights);
4.2.4 Upload, post or transmit any information, content, or proprietary rights that you do not have a right to transmit;
4.2.5 Copy, duplicate, reverse engineer, sell, resell or exploit any portion of the Services or copyrightable materials or any other content on the Platform which is or may be subject to intellectual property rights without the express written permission of MENTit;
4.2.6 Remove existing MENTit trademarks and logos from the Platform;
4.2.7 Impersonate any person or entity or provide false information on the Platform;
4.2.8 Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that MENTit or any third party endorses you or your User Content;
4.2.9 Attempt to gain unauthorised access to any part of the Platform, the server(s) on which the Platform is stored, or any other server, computer or database connected to the Platform and the Services;
4.2.10 Use or upload any software or material that contains, or which you have a reason to suspect that contains, viruses, damaging components, malicious code of harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of the Platform and/or Services;
4.2.11 Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or MENTit’s systems or networks connected to the Services, attack the Platform by means of a denial of service attack, a distributed denial of service attack, spam or otherwise interfere with or disrupt the operation of any of the Services or the servers or networks that host them;
4.2.12 Act in a manner that may be perceived as damaging our reputation and goodwill or which brings MENTit into disrepute or harm;
4.2.13 Abuse in verbal or written form (including threats of abuse or retribution) any of our customers, employees, our officers or members.
4.3 If you materially breach the provisions of MENTit Terms, we reserve the right to take one or more of the following actions:
4.3.1 issue a written warning to you;
4.3.2 commence legal proceedings against you;
4.3.3 any other actions which we deem reasonably appropriate under the circumstances.
4.3.4 shut down your User contents for any reason including without limitation not responding to the queries raised by Mentees within seventy-two (72) hours of posting.
4.4 We exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of the MENTit Terms.
4.5 Our Rights. We reserve the right to:
4.5.1 Each Account before being approved shall be subject to limited due diligence exercise. MENTit reserves the right to not open the Account without giving any reason whatsoever.
4.5.2 Monitor, screen and remove any Users or User Content on the Platform. We may in our sole discretion, investigate any violation of the Terms of Service and may take action we deem appropriate;
4.5.3 Restrict access to, suspend or close your Account for any reason whatsoever at any time;
4.5.4 Report any activity we suspect to be in violation of any applicable law to the appropriate authorities and cooperate with such authorities;
4.5.5 Request any information from you in connection with your use of the Services and/or access to the Platform at any time;
4.5.6 Provide our Services to your competitors and make no promise of exclusivity in any particular market segment.
5.1 User Content. You are responsible for ensuring that the User Content is (and will continue to be) true, accurate, current, non-infringing upon any third party rights and in no way unlawful for you to possess, post, display or sell in India and in the country in which you reside, or for MENTit to use or possess in connection with the Services. By uploading the User Content, you agree to (a) allow other internet users to view your User Content; (b) allow MENTit to display and store your User Content; (c) MENTit can at any time, review and/or edit your User Content at any time and for any reason, without notice.
6.1 Your Intellectual Property. You shall own all intellectual property pertaining to your User Content including to any designs, images, fonts, logos, illustrations, photographs, compositions, artworks, interfaces, text, literary. You grant us a worldwide right to use your Trademark on our Platform and/or Services for the purpose of providing our Services.
6.2 Our Intellectual Property. All rights, title and interest in and to the Services, including any copyrightable materials, are owned by or licensed to MENTit. Subject to your compliance with the MENTit Terms and timely payment of all applicable Fees, we hereby grant you, upon creating your Account and as long as we provide with our Services, a non-exclusive, non-transferable, non-sub licensable, fully revocable, limited licence to use the Services for the purpose of displaying your User Content solely as expressly permitted under the Term of Service and solely within the Services.
6.3 Trademarks. The Trademarks are registered and unregistered trademarks of ours. Nothing on the Platform or in these Terms of Service shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademarks displayed on the Platform, without our written consent or any other applicable trademark owner.
6.4 You shall not without our prior written approval:
6.4.1 use any Trademarks in relation to any product, service, merchandise or website;
6.4.2 copy, reproduce, adapt, modify, distribute, publish, post, or otherwise use or exploit any Content on the Platform in any way or for any purpose;
6.4.3 distribute or make any part of the Platform over any other website or any network;
6.4.4 hyperlink or in-link the Platform and/or any Trademarks to any website;
6.4.5 frame or otherwise incorporate into another website any of the Content or other materials on the Platform.
6.5 You shall not refer to the Trademarks or the Platform in any way to suggest that you or your website is affiliated to or is endorsed by MENTit, its affiliates, associates, business partners or service providers.
7.1 Fees payable to MENTit
7.1.1 Subscription Fees. To utilize the MENTit platform, you are required to subscribe directly to MENTit as a Mentor or Mentee. The Service shall commence from the date of the receipt payment by Network (‘Commencement Date’). You shall be liable to pay the Fees for the Service upon your acceptance of the Fees at the check-out page within the Service by way of providing your Authorised Card details or using other payment options provided on the Platform. You, whether acting as a Mentor or Mentee confirm that you shall not raise a Chargeback request (if the services by the Mentor has been delivered and Mentee has availed such services) and if you do so, MENTit shall not be liable to refund any money claimed under the Chargeback request.
7.1.2 Invoices. MENTit may issue an invoice to you or make this available to you electronically for the payment of Fees (“Invoice”).
7.1.3 Taxes. The Fees are exclusive of Taxes and you shall be responsible for payment of all applicable Taxes relating to your use of the Services or to any payments made by you.
7.1.4. Refunds. We do not provide refunds, pro-rata or otherwise if the services have been delivered by the Mentor and availed by the Mentees.
7.2 Fees payable to Mentor
7.2.1 You acknowledge and agree that any fees paid by the Mentee in advance for availing the services of the Mentor will be first paid to MENTit.
7.2.2 Subject to 7.2.3, MENTit shall, on confirmation from Mentee that the services have been successfully availed from the Mentor, pay the Mentor at the end of each month the lump sum amount due to such Mentor. Notwithstanding the foregoing, MENTit shall have the right to make the payment to the Mentor if the Mentee does not leave a feedback despite reminders sent by MENTit or for any other reason whatsoever.
7.2.3 MENTit shall make the payment to the Mentor only when the fees due to Mentor is equal or greater than an amount as decided by MENTit time to time. MENTit shall have the right to deduct any charges, fees or levies from such due amount.
7.2.4 Mentors shall be responsible for all the tax return filings and payments required to be made to any federal, state, or local tax authority in any country with respect to the fees earned.
8.1 We reserve the right at any time to modify, suspend or discontinue the Services (or any features thereof) without notice to you. We shall not be liable to you or any third party for any modification, Fee change, suspension or discontinuance of the Services.
9.1 Cancellation by You. You may cancel your Account at any time.
9.2 Cancellation by Us. Failure to comply with any of the MENTit’s Terms (including payment of due Fees) shall entitle MENTit to suspend or cancel your Account as well as the provision of any related Services or Third Party Services to you. MENTit shall not be liable to you for such suspension or termination. For the avoidance of doubt, the suspension or termination shall not prejudice our rights against you for any breach of the MENTit Terms, for any amounts due or other obligations accrued prior to such suspension or termination.
9.3 Termination of Services. Upon cancellation of your Account by either party for any reason:
a. MENTit will cease providing Services to you and you will no longer be able to access your Account on the expiry of the then-current subscription period;
b. You will not be entitled to any refunds of any Fees, pro rata or otherwise;
c. Your automatically renewed subscriptions will be discontinued upon the expiration of the then-current subscription period for which you have already made payment.
d. Your User Content, End User data or other usage data may be deleted.
10.1 Notices from us. We may provide you with notices in any of the following methods: (a) via the Platform, including by a banner or pop-up in the Platform, your Account or elsewhere; (b) by email, sent to the email address you provided to us; and (c) through any other means, including any phone number of physical address you provided to us. MENTit’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.
11.1 No representations or warranties. The Platform and/or Services are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose are given in conjunction with the Platform and the Services. Without prejudice to the generality of the foregoing, we do not warrant:
a. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform or the Services;
b. the Platform or the Services will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
c. that the Platform or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks; and
d. the security of any information transmitted by you or to you through the Platform or the Services;
e. the identity, background, or qualifications of Users or the ability of Mentors to deliver their services as promised.
11.2 Use of the Services is at your own risk. The Services is provided on an ‘as is’ and on ‘as available’ basis without any warranty, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
12.1 If you believe that any of the content on our Platform constitutes copyright infringement or inaccurate, please contact the relevant customer support team.
13.1 For the benefit of other Mentees, MENTit encourages Mentees to leave a reliable feedback in the form of reviews and ratings, about Mentors with whom they have transacted.
13.2 MENTit will make the feedback of Mentor and Mentee given to each other available to the public and the User provides MENTit express consent for it.
13.3 Any kind of feedback by the User, is not investigated by MENTit. However, if a User requests for an investigation, it may be done for the purpose of accuracy and reliability.
13.4 MENTit shall not be responsible for any feedback posted by the Users or third party on the Platform, even if it is defamatory or legally objectionable.
13.5 MENTit reserves the right to block/delete any feedback that affects the MENTit operation so as to guard the integrity of feedback system and its Users from any kind of abuse.
13.6 It is mandatory for Mentors to give regular feedback, progress reports as laid down in the MENTit system.
14.1 MENTit, its officers, directors, employees and agents shall not be liable to you for any direct loss or loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever even if MENTit has been advised of the possibility of such damage, including any damages resulting from (1) any access, use or in ability to use the Platform or the Services; (2) errors, mistakes or inaccuracies of or in any content (including User Content) made available through the Platform and/or through the Services; (3) any unauthorised access to or use of our servers and/or any personal information and/or other information stored herein; (4) any interruption or cessation of transmission to or from the Services; (5) your use of or access to any other website linked to the Platform.
14.2 MENTit shall not accept any liability arising out of any disruption or non-availability of Platform or the Services due to external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
15.1 You agree to defend, indemnify and hold harmless MENTit, our officers, directors, shareholders, employees, affiliates and agents, MENTit partners from and against any and all claims, damages, obligations, losses, liabilities, costs (including attorney fees) arising from (a) your breach of any term of the Terms of Service or any other MENTit Terms; (b) your breach of any third party right, including any copyright, property, or privacy right, resulting from your User Content and your use of the Services or Platform; and (c) any other type of claim that your User Content caused damage to a third party.
15.2 In addition, MENTit may use whatever information that is available about you to stop any such breach or the MENTit Terms, any unlawful or inappropriate use of the Platform and Services, including informing any third party we deem appropriate of such breach or use and/or disclosing your personal information to such third party .
16.1 Amendments. You acknowledge and agree that we may amend the MENTit Terms at any time by posting the relevant amended and restated MENTit Terms on the Platform and such amendments to the MENTit Terms are effective as of the date of posting. You should check these MENTit Terms periodically for, and read carefully, any such amended Terms.In the event of any conflict between the current version of MENTit Terms and any previous version(s), the provisions that are current and in effect shall prevail unless it is expressly stated otherwise. Your continued use of the Platform and/or Services after such date constitutes your agreement to, and acceptance of, the amended MENTit Terms. If you do not agree to any changes to the MENTit Terms, you must stop accessing or using the Platform and the Services and terminate the MENTit Terms.
16.2 Acknowledgement of Acceptance. By clicking “Accept”, “Agree”, “Submit”, “Sign up” or “Continue” or taking any other action signifying your assent when prompted in relation to the MENTit Terms, the Services or any transaction on the Platform, you shall be deemed to have read, understand and agreed to the terms and conditions of such services or, and such act of clicking “Accept”, “Agree”, “Submit”, “Sign up” or “Continue” or taking any other action signifying your assent shall also constitute an acceptance in accordance with the applicable law.
16.3 Governing Law. Use of the Platform and/or the Services and the Terms of Service will be governed by and construed in accordance with the laws of India and you hereby submit to the exclusive jurisdiction Ghaziabad courts. The United National Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
16.4 Entire Agreement. The MENTit Terms constitute the entire agreement between you and MENTit and govern your use of the Platform and/or Services, superseding any prior understandings, communications and agreements between you and MENTit (including but not limited to, any prior versions of the MENTit Terms.
16.5 No waiver. No waiver of any breach or default of any of the Terms of Service shall be deemed to be a waiver of any preceding or subsequent breach or default.
16.6 Severability. If any provision of the Terms of Service is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remain provisions of the Terms of Service.
16.7 Sub-contracting and delegation. We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
16.8 Binding and conclusive. You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and/or Services will be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you.
16.9 Assignment. You may not assign your rights under these Terms of Service without our prior written consent which MENTit may refuse in its sole discretion. Any attempt by you to assign your rights under the Terms of Service without MENTit’s prior explicit and written consent will be null and void. We may assign our rights under these Terms of Service to any third party.
16.10 Force Majeure. We will not be liable to you or any third party for any failure by us to perform our obligations under the Terms of Service in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder or other events of force majeure.
16.11 Relationship. Registering with MENTit is on a principal to principal basis and does not imply employer-employee relationship or partnership, joint venture, agency, franchise, or sales representative relationship between the you and MENTit.
1.1 “Account” or “MENTit Account” means an account you have with MENTit for the purpose of using the Services.
1.2 “Affiliate” means a company that is a direct or indirect subsidiary of Next Generation Skills Analytics and Testing Pvt. Ltd. or otherwise related to MENTit through common ownership or control.
1.3 “Authorised Card” means a valid credit or debit card you provide to us for the payment of Fees.
1.4 “Chargeback” shall mean a request to your issuing bank to refund the amount paid to MENTit via your Authorised Card.
1.5 “Content” includes, but is not limited to, texts, photographs, images, illustrations, audio clips, video clips, files, photographs, logo’s, slogans or any other material that is published on the Platform;?
1.6 “Commencement Date” shall have the meaning in Clause 7.1.1
1.7 “Fees” means the fees, as determined by MENTit in its sole discretion, applicable to your use of the Services.
1.8 “Invoice” has the meaning set out in Clause 7.2.
1.9 “Platform” means (a) both the web and mobile versions of the websites operated and/or owned by MENTit which include without limitation the following URL: www.mentit.org; and (b) the mobile applications made available from time to time by MENTit, including the iOS and Android versions.
1.10 “Services” means services, information and functions made available by us at the Platform including but not limited to mentorship, consultancy and coaching.
1.11 “MENTit”, “we”, “our”, and “us” means Next Generation Skills Analytics and Testing Pvt. Ltd. (NEGSAT) and “MENTit” is a brand owned exclusively by NEGSAT.
1.12 “Mentor” means a User who has opened a MENTit Account on the Platform as an expert in particular field(s).
1.13 “Mentee” means a User who has opened a MENTit Account on the Platform as person who needs guidance in particular field(s).
1.14 “Taxes” means all applicable taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities.
1.15 “Trademark” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.16 “User” or “you” means each visitor, Mentor, Mentee or user of the Platform and/or Services.
1.17 “User Content” means any data, graphics, videos, photos and links that is uploaded on the Platform.
2.1 Whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”.
2.2 Unless expressly indicated otherwise, all references to a number of days mean calendar days and the words “months” or “monthly” as well as all references to a number of months means calendar months.
2.3 Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Service.
In the event of a conflict or inconsistency between any two or more provisions under these Terms of Service, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in MENTit’s favour and the provision which is more favourable to MENTit shall prevail.