Terms And Conditions

Overview

According to the Information Technology Act of 2000 and any applicable Rules made thereunder, this document is an electronic record. This electronic record is created by a computer system; therefore, physical or digital signatures are not required. This document has been published in accordance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which mandates the publication of a website's terms and conditions, privacy statement, and user agreement. The website here refers to www.mindgroom.in

A technology-enabled, multidimensional career assessment website called www.mindgroom.in aids users in taking the best career decisions for themselves. You should read the current agreement (hereinafter referred to as the EULA) and accept its terms before using our services or products. Before using the website, the User shall be deemed to have read and properly accepted the terms of the EULA. These terms could occasionally change or be updated, but only at our discretion. You agree to be bound by the terms and conditions outlined in the EULA by using our website. You are required and accountable for routinely reviewing the EULA to keep yourself informed of any updates/amendments made to the EULA from time to time by us. You will be deemed to have accepted and agreed to the said changes if you continue to access the website after such changes to the EULA.

References of Terms Used

The following definitions apply to the terms used in the current EULA:

• All references to the Website, its owner, directors, employees, and people and/or entities connected to the Owner are collectively referred to as "Mindgroom" throughout the entirety of this EULA.
• Throughout this entire EULA, the terms "USER," "YOU," and "YOUR" refer to any individual, legal entity, society, group of people, or other human beings who accesses the website or register there to use one of the website's many services.
• Throughout the entire EULA, the phrase "OUR WEBSITE" or "WEBSITE" refers to the website www.mindgroom.in
• All references to "OUR PRODUCTS/SERVICES" in this EULA are to goods or services provided by the Website or its affiliated companies, excluding any advertisements that may be shown on the Website.
• Throughout this entire EULA, the term "APPROPRIATE GOVERNMENT" shall mean the Central/State Government or the applicable local authorities.
• Both the singular and plural forms of the terms shall be equally applicable to the terms and conditions herein. Any pronoun must always include both the corresponding masculine and feminine forms, depending on the context. The Privacy Policy and Disclaimer of the Website shall also include the terms as defined herein.

Requirements

• All individuals, entities, businesses, partnerships, and other types of entities, as the case may be, are eligible to use the website. However, in accordance with the Indian Contract Act, of 1872, any registration on the website must be made by a person who is legally able to enter into binding contracts
• Users who fall under the definition of "incompetent to contract" under the Indian Contract Act, of 1872, such as minors, unsolved insolvents, etc., are not permitted to use the website unless they are under the legal or constructive guardianship of those who are legally qualified to enter into contracts on behalf of the relevant minor users
• When you register for an account on the website, you guarantee that the data you enter is accurate, that you are legally able to accept this agreement, and that you have the power to bind yourself or your business entity to it. You further affirm that you will use the website and browse it in accordance with the EULA.
• If it comes to our attention that you are using the website in violation of the EULA or if it is determined that you are doing so, Mindgroom reserves the right to terminate your registration and refuse to grant you access to the Website, at its sole discretion and for any reason.

Obligacy Of Registration

• You are in charge of protecting the privacy of your User ID and Password. You are accountable for every action taken using your User ID and Password. You consent to, among other things: providing true, accurate, current, and complete information about yourself as prompted by the Mindgroom registration form; maintaining and promptly updating the Registration Data to keep it true, accurate, current, and complete at all times; immediately notifying us of any unauthorized use of your password or account or any other security breach; and making sure you log out of your account at the conclusion of each session.
• Mindgroom reserves the right to permanently suspend, terminate or restrict access to your registration with the website if you provide any information that is untrue, inaccurate, not current, or incomplete, or if Mindgroom has good faith grounds to suspect that such information is any of the above.
• Your failure to abide by this Clause releases Mindgroom from any liability for any loss or damage that results.

E-Registration and electronic interaction

You acknowledge and agree that electronic records are used to communicate with Mindgroom when you use the Website, send emails, or send other data, information, or communication to Mindgroom. We are allowed to contact you electronically with your consent. You will hear from us by email, through announcements on the website, or through other sources.

Synopsis of Services

Mindgroom is an ecosystem for career planning and development for students that is supported by technology. In order to reduce human bias in the decision-making process for careers, we make use of technology, research, machine learning and algorithms. Mindgroom provides a distinctive method of career counseling, mentoring and guidance that includes but is not limited to psychometric tests, interactive career-focused activities, career progression or tracking mechanisms etc., as may be occasionally provided for the assistance and guidance of user(s). By agreeing to the terms of this agreement, you acknowledge that it is your responsibility and solely your choice to use the services provided by Mindgroom, free from any undue influence from Mindgroom. Additionally, you agree to make sure that you use the services in accordance with the terms and conditions of the EULA.

Payments

• According to the pricing structure on the website, Mindgroom will charge for the services rendered. You agree to pay for the services before using them if you use the ones that are mentioned there as being subject to payment.
• You further agree not to bring up any disagreement regarding the fee for the services in any way because you agreed to it voluntarily and free from coercion.
• You further represent that you have read and accepted the Terms & Conditions of the Payment that are presented to you when you proceed to pay for the paid services.
• Mindgroom accepts payments from users through third-party payment processors. Orders that are canceled or executed incorrectly due to payment problems are not the fault of Mindgroom. Although Mindgroom takes every precaution when working with third-party payment providers, it has no control over its systems, processes, technology or workflows and is therefore not liable for any errors made by these companies.
• Users have no right or voice to influence the fee that Mindgroom will charge users, which will be decided solely by Mindgroom.

Taxation

Unless already included in the price offered, you agree to pay all applicable taxes, charges, cess, etc. levied on the services being provided to you and announced by the Central/State Govt from time to time.

Compensation Policy

There is no provision for a refund of the fee paid by the User(s) because The Mindgroom provides services such as counseling, assessment tests, etc. that serve as a genuine guide for the user and are provided as soon as they are accessed. The user(s) is/are deemed to have understood and accepted that there will be no refund of the said fee once it has been paid to the Mindgroom in accordance with the services utilized.

Obligation Of the Contract & its Termination

Obligation Of the Contract & its Termination

• Any term of this EULA has been violated or broken, or in Mindgroom's opinion, the Website or Service has been misused, or in Mindgroom’s sole discretion, for which Mindgroom is not required to give a reason.
• Mindgroom is not required to provide advance notice of contract termination.

Possession Of Copyrighted Works

• All intellectual property rights in and to the Website and Service as well as any suggestions, ideas, enhancement requests, feedback, recommendations, or other information given by you or any other party relating to the Website or the Service shall be owned solely by Mindgroom (and its licensors, as applicable).
• You are not permitted to use, duplicate, adapt, modify, create derivative works from, disseminate, license, sell, transfer, publicly disclose, publicly perform, procreate, transmit, stream, broadcast, or in any other way exploit the Website, Service or Collective Content, unless expressly permitted by Mindgroom through written consent.
• Except for the licenses and rights expressly granted in this Agreement, no licenses or rights under any intellectual property rights owned or controlled by Mindgroom or its licensors are impliedly or otherwise granted to you.
• This EULA does not represent a sale and does not grant you any ownership interests in the Website, any Mindgroom intellectual property, or any other rights. No right or license is granted to use the Mindgroom name, logo, or product names connected to the website and the service, which are all trademarks of the owner, its affiliated businesses, or third parties.

Permit For Website

• Mindgroom hereby grants you a limited, non-exclusive, non-transferable license to access and use the Website, subject to your compliance with these EULA.
• You must refrain from engaging in any of the following actions:
• The Service or Website may not be sold, resold, transferred, assigned, distributed, or otherwise commercially exploited or made available to any third party;
• Make "links" to the Service on the internet, "frame" or "mirror" any website, server, wireless device, or Internet-based device;
• Reverse engineer or gain access to the website in order to: Create a service or product that is competitive,
• Create a product using concepts, elements, designs, or visual elements found in the Service or Website.
• Plagiarize any concepts, designs, features, or visuals from the service or website.
• Launch a script or automated program, such as but not limited to, web spiders, web crawlers, web robots, web ants, we indexers, bots, viruses, or worms, or any program that might make multiple server requests per second or that unnecessarily burdens or impairs the operation and/or performance of the Website.
• Launch a script or automated program, such as but not limited to, web spiders, web crawlers, web robots, web ants, we indexers, bots, viruses, or worms, or any program that might make multiple server requests per second or that unnecessarily burdens or impairs the operation and/or performance of the Website. ;
• Send or store content that violates third parties' privacy rights or is otherwise unlawful or tortious, including material that is harmful to children;
• Send or store content that contains malicious computer code, files, scripts, agents, or programs, such as software viruses, worms, Trojan horses, or other trojan horses;
• Interfere with or otherwise negatively impact the Website, the Website or Service, or the data they contain;
• Attempt to enter the website without authorization.
• You will not allow anyone else to use your account; won't give, assign, or otherwise transfer your account to anyone else or any legal entity; won't use a username or password that belongs to someone else without getting their permission; won't use the Service or website for any illegal activity, including but not limited to sending or storing any illegal material; will comply with all applicable laws from your home country, the country, state, and/or city in which you are present while using the Website or the Service, and will provide us with any form of identification that we may reasonably request
• Any of the aforementioned will be subject to full legal investigation and prosecution at the discretion of Mindgroom. Users who violate these User Terms may be investigated and prosecuted by Mindgroom in conjunction with law enforcement agencies.
• You agree that Mindgroom is under no obligation to keep track of your use of the Website, Service, or Collective Content, or to review or edit any Collective Content, but that Mindgroom has the right to do so in order to maintain the Website, to verify that you are abiding by these User Terms, or in order to comply with any applicable law, court order, administrative rule, or another governmental requirement.
• You agree that Mindgroom is under no obligation to keep track of your use of the Website, Service, or Collective Content, or to review or edit any Collective Content, but that Mindgroom has the right to do so in order to maintain the Website, to verify that you are abiding by these User Terms, or in order to comply with any applicable law, court order, administrative rule, or another governmental requirement.

Service Inadequacy

Mindgroom reserves the right, in its sole discretion, to suspend or terminate your registration for any reason, either temporarily or permanently, as well as to deny you access to all current and future uses of the website. This action shall not be construed as a deficiency in service under any applicable law, and users hereby expressly waive their right to challenge any such suspension or termination of services by Mindgroom. Furthermore, Mindgroom retains the right to halt website operations for maintenance, repairs, technical issues, or any other reason that may arise; in such a case, Mindgroom will not be held responsible in any way, including for a lack of service as defined by applicable laws./p>

Indemnification

You declare that you agree to be liable for any harm that Mindgroom may suffer as a result of your improper use of the website or its contents, including but not limited to any infringements on third parties' intellectual property or breaches of the terms and conditions of the EULA. By agreeing to the User Terms and using the Website or Service, you agree to hold Mindgroom, its affiliates, and third parties, as well as each of their respective shareholders, officers, directors, agents, and employees, harmless from any losses, liabilities, damages, costs, and expenses, claim or demand, or actions, including reasonable attorneys' fees, made by any third party with respect to: Your use or misuse of the Website or Services, including any violation of these User Terms, any applicable law or regulation, whether or not mentioned herein, or the rights of any third party, including consultants hired through the Website.

Obligation

The advice, suggestions, and/or services offered to you on or through the Website, the Service, and the Website are only suggestive and are not intended to obligate the user to choose a particular career path. Users must perform their own independent due diligence before taking any decision.

Mindgroom will make reasonable efforts to keep the website and its contents (Including information provided) accurate and current, but it makes no guarantees that it is updated, free of bugs, inaccuracies, viruses, malware, or other harmful code. While Mindgroom makes every effort to provide services of the highest caliber, it is under no circumstances responsible for service interruptions due to any cause. Mindgroom may allow third-party advertisements on the website, but Mindgroom is under no obligation to review or approve the content, warranties, services, or other aspects of any such third-party advertisement.

Constraints On Liability

Any direct, indirect, incidental, special, pivotal, or exceptional harm, including but not restricted to damages for lack of kindness, use, data, or other barely distinguishable arising out of or related to the website, its assistance, or this Consensus, shall in no event exceed the sum paid to Mindgroom by the user(s) who made the complaint (however arising, including negligence). Mindgroom disclaims all responsibility for any monetary or other losses incurred by you as a result of any interruptions or errors in the operation of the Website; any transmission of data or other information that is delayed, unsuccessful, interrupted, or corrupted as a result of using the website or any information / knowledge passed on to you through website or directly by Mindgroom team.

Guidelines on communications

It is forbidden for you to communicate directly or indirectly with the Counselors or consultants of Mindgroom unless it is for the benefit of the services you have requested. Mindgroom is not liable in any way for communications that go beyond the parameters of the services requested by the users. There are several possible outcomes for policy violations, including:

• You may cancel your registration.
• Account privilege restrictions
• Account Closure
• Compensation for duty violation
• Other actions that the law may require

Notice

Mindgroom may give notice by means of a general notice on the Website, by electronic mail to the email address listed in your account information, by regular mail to the address listed in your account information, or by other written communication.

You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing under the terms of the current EULA and constitute adequate service of notice or electronic record.

Comments and suggestions

Mindgroom is always receptive to user feedback and will make an effort to implement any suggestions that could improve the utility for both users and Mindgroom. However, Mindgroom is in no way obligated in any way by such suggestions

Controversy Resolution

If there is a disagreement between the parties while you are using the website or later regarding the legality, scope, application, or alleged violation of any provision of the User Agreement, the documents it incorporates by reference, or anything else related to the current EULA, they will try to resolve it amicably. In the event that negotiations are unsuccessful, Mindgroom shall appoint a sole Arbitrator who shall be an impartial, impartial, and independent third party. The arbitration will take place in New Delhi, India. The Arbitration & Conciliation Act, of 1996 will govern the arbitration proceedings, which must be conducted in English.

Sovereign authority

You agree not to challenge the jurisdiction clause in any way and to accept the jurisdiction of the Court in Delhi for any dispute arising out of the current agreement. Only the Courts in Delhi will have jurisdiction over such disputes.

Severability.

If any provision of this Agreement is found to be unlawful, void, or for any other reason unenforceable, such provision shall be deemed severable and shall not affect the legality and enforceability of any other provisions hereof.