Terms & Conditions
TERMS AND CONDITIONS OF SERVICE
- This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder as applicable. This electronic record is generated by a computer system and does not require physical or digital signature.
- These Terms will apply to any contract between us (MentorW) and you (“User”) for the rendering of Services to User. Please note that by ordering any of our Services, you agree to be bound by these Terms.
- This Agreement creates a binding legal obligation on the User. If you do not agree to any of the Terms, please do not access our website www.mentorw.com (“the Site”), use any of the Services offered on the Site, or register for services offered on the Site. For the purpose of these Terms, “Services” shall mean, inter alia, providing the ecosystem that women need to succeed in their professional lives including career planning, counselling, mentoring, skill assessment as well as development planning.
- These Terms constitute the “Agreement” between User and MentorW and its affiliates regarding availing of Services and applies to MentorW’s Site and to the application for mobile devices using operating systems such as IOS, Android, and/or Windows Mobile.
- MentorW reserves the right to modify the Terms at any time. Such changes will become effective when MentorW posts the modified Terms on the Site. Each time User uses the Site or MentorW’s Services, the updated version of the Terms will apply and User agrees to be bound by such updated version of the Terms.
B. User’s Obligations
User warrants and represents that:
- The user is aged 18 years and above and has the requisite mental and legal capacity to enter into this Agreement and avail of the Services.
- Any information submitted to MentorW when availing of the Services is accurate, complete, and current;
- The user’s availing of the Services does not violate any applicable law or regulation;
- The user will not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, trojan horse, work, keystroke logger, rootkit or other malicious computer codes;
- The user will not access or otherwise interact with the Site using any robot, spider or other automated means; and
- The user will not indulge in any systematic or automated data collection activities on or in relation to the Site.
- MentorW reserves the right to suspend and/or terminate User’s account and access to Site if MentorW, in its sole judgment, is of the opinion that the User has breached the Agreement. This will be done by blocking the User’s IP address or e-mail ID without any prior notice to the User. Also, any illegal, fraudulent or abusive activity would be grounds for suspending and/or terminating User’s account and access to Site. Upon suspension or termination, User’s right to use the features on the Site shall immediately cease and MentorW reserves the right to remove or delete User’s information that is available with it including but not limited to login and account information.
- The obligations of the User that are intended to survive the termination of this Agreement shall so survive and continue to be valid.
- The consideration for the Services provided to User by MentorW shall be as posted on its Site unless otherwise agreed with the User.
- The User agrees that once a fee with respect to certain Services has been paid by the User to MentorW, MentorW shall not entertain any requests for refunds unless there is a breach o on the part of MentorW. For the sake of clarification and avoidance of doubt, there shall be absolutely no refunds with respect to the fee that has been paid for Services already availed of by the User.
E. Intellectual Property
- The Site, mentoring content thereon and other MentorW content and the logo which is a trade mark for use upon or in relation to Services are protected by applicable intellectual property laws.
- All intellectual property in and to the Site, any software, techniques and processes used in connection with the Site belong exclusively to MentorW or its licensors. Through User’s use of the Site, by no means are any rights impliedly or expressly granted by MentorW to the User in respect of such works. MentorW and/or its licensors assert all proprietary rights in and to all trade marks contained on the Site.
- Unless expressly authorised by MentorW, User agrees not to reproduce, modify, sell, distribute, republish, download, transmit or create derivative works of MentorW content, in whole or in part, by any means. User must not remove or modify any copyright or trade mark notice, or any other notice of ownership.
F. No Partnership or Agency
This Agreement is strictly between the parties and it shall not be interpreted as a partnership, joint venture, or an agency relationship between the parties. Any other business relationship between the parties, if any, must be governed by a separate written definitive agreement pursuant to which the parties shall be legally bound.
User hereby indemnifies, defends and holds MentorW, its owners, partners, employees and representatives harmless from and against any and all losses, damages, liabilities and costs arising from User’s use of the Site; User’s breach of provisions of this Agreement; and any negligent or intentional wrongdoing on User’s part.
H. Limitation of Liability
To the fullest extent permitted by law, in no event will MentorW or its affiliates, owners, partners, employees and representatives be liable for any direct, indirect, special, incidental or consequential damages. Notwithstanding anything to the contrary in this Agreement, MentorW’s liability hereunder shall be limited to the amount of payment received from the User for the Services and shall be governed by the refund policy of MentorW.
Neither this Agreement nor any of the rights, benefits or obligations hereunder may be assigned or delegated by MentorW or the User without the prior written consent of the other.
J. Governing Law and Arbitration
- This Agreement shall be governed by and construed in accordance with the laws of India and any and all claims, disputes or differences arising out of, or in connection with, this Agreement shall be subject to the exclusive jurisdiction of the courts at Gurugram, Haryana.
- Any dispute, controversy or claim arising out of or relating to this Agreement or any related agreement or other document or the validity, interpretation, breach, or termination thereof including claims seeking redressal or assertion of rights under applicable law, shall be resolved, and finally settled in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 as may be amended from time to time or any re-enactment thereof. The arbitration proceedings shall be conducted by a sole arbitrator appointed by MentorW and the venue of arbitration shall be Gurugram, Haryana. The arbitration proceedings shall be conducted in English language.
K. Force Majeure
MentorW shall not be liable for any downtime or delay or unavailability of the Site caused by circumstances beyond its reasonable control, including without limitation, acts of God, acts of government, flood, fires, earthquakes, civil unrest, acts of terror, internet service provider failures or delays, or denial of service attacks.
- If any provision(s) of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be valid and enforceable and the parties shall negotiate in good faith a substituted, valid and enforceable provision which most nearly gives effect to the parties’ original intent.
- This Agreement constitute the entire agreement between the parties on the subject and supersedes all prior understandings and instruments on such subject. This Agreement may not be modified other than by a written instrument executed by duly authorized representatives of the parties. No waiver of any provision of this Agreement may be deemed, or will constitute a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No amendment, additions to, alterations, modifications or waivers of all or any part of this Agreement shall be of any effect, whether by course of dealing or otherwise, unless explicitly set forth in writing and executed by the parties.
- The failure of a party to enforce any provision of the Agreement shall not be construed to be a waiver of the right of such party to thereafter enforce that provision or any other provision or right.
- MentorW reserves the right to amend the Terms from time to time without notifying any of the Users individually.