Terms and Conditions
This Principal Terms of Service Agreement (this “Agreement”) is entered into by and between Mentormile and you (mentor or mentee), and is made effective as of the date of your use of Mentormile (Application) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Mentormile and the products and services purchased or accessed through this Application (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to Mentormile and the terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Amendment in agreement, application or services
Mentormile may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately and intimated to you. Your use of this Application or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Application or the Services. In addition, Mentormile may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your Login account information current. Mentormile assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Mentormile may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. Mentormile RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS APPLICATION OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
Eligibility and Authority
This Application and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable laws of the land. By using this Application or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of India or other applicable jurisdiction.
In case of minor user want to avail the services then their guardians would be their agents and all the liabilities will be held through the guardians of the minor user.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Mentormile finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Mentormile shall not be liable for any loss or damage resulting from Mentormile’s reliance on any instruction, notice, document or communication reasonably believed by Mentormile to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Mentormile reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
In order to access some of the features of this Application or use of the Services, you will have to create an Account. You represent and warrant to Mentormile that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Mentormile has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Mentormile reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including your customer number/login, password, Payment Method(s). For security purposes, Mentormile recommends that you change your password and at least once every three (3) months for each Account. You must notify Mentormile immediately of any breach of security or unauthorized use of your Account. Mentormile will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Mentormile or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
General Rules of Conduct
You acknowledge and agree that:
Your use of this Application and the Services, including any content you submit in the form of information or during the video conferences, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity.
You will not use this Application or the Services in a manner (as determined by Mentormile in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
Promotes, encourages or engages in terrorism, violence against people, animals, or property;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Violates the any data protection legislations or similar legislation, or promotes online nuisance
Infringes on the intellectual property rights of another User or any other person or entity
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Application or the Services found at this Application;
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Mentormile or Mentormile’s Services.
You will not copy or distribute in any medium any part of this Application or the Services, except where expressly authorized by Mentormile.
You will not modify or alter any part of this Application or the Services found at this Application or any of its related technologies.
You will not access Mentormile Content or User Content through any technology or means other than through this Application itself, or as Mentormile may designate.
You agree to back-up all of your User Content so that you can access and use it when needed. Mentormile does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You will not re-sell or provide the Services for a commercial purpose, including any of Mentormile's related technologies, without Mentormile's express prior written consent.
You will not circumvent, disable or otherwise interfere with the security-related features of this Application or the Services found at this Application (including those features that prevent or restrict use or copying of any Mentormile Content or User Content) or enforce limitations on the use of this Application or the Services found at this Application, the Mentormile Content or the User Content therein.
You agree to provide government-issued photo identification and/or government-issued residential identification as required for verification of identity when requested.
You are aware that Mentormile may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Mentormile asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Mentormile is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Mentormile that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Mentormile that may be sent by an automatic telephone dialing system.
Without limiting any of the rights set forth elsewhere in this Agreement, Mentormile expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Application or any Services to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Mentormile policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Application or Services (as determined by Mentormile in its sole and absolute discretion).
Protection of Your Data
Mentormile offers certain Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you (“Your Data”) in the course of your use of these Services. Mentormile’s Privacy Policies, which is hereby incorporated by reference and applicable to our Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the protection of Your Data, including transfers of Your Data meets with compliance under applicable data and privacy laws.
Some of the features of this Application or the Services, may allow Users to view, post, publish, share, store, or manage (a) ideas, (user content). All content submitted through your Account is consider User Content. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. You acknowledge and agree that your User Submissions/contents are entirely voluntary, do not establish a confidential relationship or obligate Mentormile to treat your User Submissions as confidential or secret, that Mentormile has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Mentormile may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
By posting or publishing User Content to this Application or through the Services, you authorize Mentormile to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Application and this Agreement. You hereby grant Mentormile a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Application, the Services and Mentormile's (and Mentormile’s affiliates’) business(es), including without for promoting and redistributing all or part of this Application in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
Availability of Application/Services
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Application and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Application may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Application or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
Monitoring of content and Account Termination
Mentormile can pre-screen User Content. However, Mentormile reserves the right (but undertakes no duty) to do so and decides whether any item of User Content is appropriate and/or complies with this Agreement. Mentormile may remove any item of User Content and/or terminate a User’s access to this Application or the Services found at this Application for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Mentormile in its sole and absolute discretion), at any time and without prior notice. Mentormile may also terminate a User’s access to this Application or the Services found at this Application if Mentormile has reason to believe the User is a repeat offender. If Mentormile terminates your access to this Application or the Services found at this Application, Mentormile may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Fees and Payments
Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.
Price Changes. Mentormile reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Application and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card, (ii) “Good As Gold Prepaid Services” (defined below); (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal, (v) International Payment Option (as defined below), if applicable (and as defined below), each a “Payment Method”. Confirmation of that booking will be sent to the email address on file for your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.
Refunds Issued. You agree that where refunds are issued to your Payment Method, Mentormile's issuance of a refund receipt is only confirmation that Mentormile has submitted your refund to the Payment Method charged at the time of the original sale, and that Mentormile has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
Trademark and Copyright Claims
Mentormile supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright.
Disclaimer of Warranties
You agree to protect, defend, indemnify and hold harmless Mentormile and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Mentormile directly or indirectly arising from (i) your use of and access to this Application or the Services found at this Application; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Application or the Services found at this Application.
Compliance with Local Laws
Mentormile makes no representation or warranty that the content available on this Application or the Services found at this Application are appropriate in every country or jurisdiction, and access to this Application or the Services found at this Application from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Application or the Services found at this Application are responsible for compliance with all local laws, rules and regulations.
Disputes. The terms of this Section shall apply to all Disputes between you and Mentormile. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Mentormile arising under or relating to any Mentormile Services or Products, Mentormile’s Applications, these Terms, or any other transaction involving you and Mentormile, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.
Binding Arbitration. You and Mentormile further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) the Indian arbitration law governs the interpretation and enforcement of arbitration; and (iii) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
That for Arbitration proceedings the seat of Arbitration will be Delhi, India.
That the cost of Arbitration will be severally divided between the parties.
Successors and assigns
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
No Third-Party beneficiaries
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail.
If you have any questions about this Our Terms and Conditions, please contact us at https://www.mentormile.com/contact