2. Changes to Terms of Service and Notices
Company may modify the Terms at any time, under its discretion. Should there be any material changes to the Terms, Users shall be notified with a one (1) month notice prior to the effective date of the new terms. It shall be posted on Services and on the Company mobile application if applicable. At the beginning of each set of Terms, the effective date shall be posted. Users agree the continued access of Services after the effective date, warrants their acceptance to the modifications.
3. Service Eligibility
In order to use Services, Users must be 18 years old, or older, and have the requisite power and authority to accept these Terms. If one is under 18 years of age, such person is strictly prohibited from using Services, unless such User is given consent by a parent or legal guardian to use our Services. By agreeing to these terms, you warrant parental or guardian consent. All Users hereby consent they are fully able and legally competent in order to agree to these Terms.
People, businesses, or otherwise, may not access Services if they are a known or unknown competitor, or if they have been previously banned from Services. If you are using Services on behalf of a company, entity, or organization, then you represent and warrant you are: an authorized representative of such organization; have the requisite authority to bind the organization to these Terms; and agree to be bound by these Terms on behalf of such organization.
4. Service Permission
Company grants Users permission to use Services subject to all restrictions set out in these Terms. Use of Services is at User’s own risk, including the risk of exposure to offensive, indecent, inaccurate, objectionable, or otherwise inappropriate content.
5. Service Availability
Company provides Services to Users, and Services may be interrupted, suspended, un-secure, modified, updated, discontinued, or unavailable in particular locations. This may happen without notice from Company, and Company shall not be held liable for any problems regarding Services availability.
6. Communication and Data Retention
Users may submit an email address where they can receive emails from Company, regarding communication in connection with Services. Users may opt out of communications by following the directions located at the bottom of each communication.
In order to provide Services to Users, Company may collect and store highly sensitive information (“HSI”) including, but not limited to: User legal names, addresses, purchase history, browsing history, cookie information, financial information including credit cards and banking information, email addresses, passwords, and usernames. If obtained, Company will keep HSI for the shortest possible duration that is reasonably necessary in order to carry out the task for which it was collected. Company has taken all reasonable and appropriate security measures to ensure the security of HSI. Furthermore, any and all data and communications shall be retained to minimally meet any applicable legal or ethical reporting or document retention requirements.
7. Company Intellectual Property
Company owns all intellectual property connected to Services, including but not limited to its website, applications, or otherwise. This shall include visual interfaces, graphic design, website design, logo, application development, interactive features, compilation, technological code, software, Company hardware, and any method of compiling or analyzing Users’ Content. This shall be considered Company intellectual property, which is protected worldwide by copyrights, trademarks, trade secrets, and any other applicable intellectual property rights. These rights shall apply to property now existing or that which is created in the future by Company. User may not copy, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Company content on Services. Such unauthorized use may violate copyright, trademark, and communication regulations.
Company shall be able to use any ideas or suggestions made by Users in their Company Services, if Company chooses to do so. User is not entitled to any remuneration of any kind, under any circumstances, for such information. Any submitted suggestion shall provide Company with complete ownership and any intellectual property rights arising therefrom. Company shall be entitled to unrestrictive use of such information.
8. Financial Information
Company will charge for any goods or services purchased through Services.
10. Copyright Policy
By using Company Services, website, or application, Users hereby agree to the Company’s Copyright Policy which may be found on Company website.
11. Prohibited Conduct
User hereby agrees, while using Services, not to commit any of the following actions:
12. Third Party Sites and Embedded Content
Services may contain links, and embedded content from, third party websites, as well as services not operated by Company. Company does not control these services. Linked sites may be provided as a service to Users, and does not imply any endorsement of the activities or content of these sites, nor any association with its operators. Users assume any and all risks, known or unknown, now existing or existing in the future, by following a link to a linked site.
13. User Submitted Content
Tutor Users of Services are able to write blogs for Services, as well as provide content and material for consultation sessions for Users of Services. Company will review all submitted content for accuracy and submission, before such material is posted on Services. Company has the right, but does not have an obligation to, determine whether any User generated content is appropriate for submission to Services and whether such content complies with these Terms. Company may remove any User generated content, that in its opinion violates any of Company’s policy, or is in any way inappropriate or objectionable. This decision is under the sole authority of Company, and Users hereby agree they have to input on the decision of Company to remove User generated content.
14. Limited Liability and Disclaimers
The following information applies to the maximum extent permitted under law. User rights are not limited beyond those they are rightfully entitled to. By using Company Services, Users hereby agree to the following Terms, and Users forfeiting certain legal rights they may otherwise be entitled to you. If a User is uncertain of any of the following, it is suggested they consult a legal professional.
15. Independent Relationship
Users fully understand and accept in no way do these Terms, Services, or otherwise, create a joint venture, agency, partnership, or employment relationship with Company. Company is not liable for any financial or other loss of Users in any way, on any transaction, under any circumstances. Users accept use of Company’s Services often involves financial exchange, and the Company shall bear no liability or responsibility therefor.
16. Arbitration Agreement
All claims and disputes arising under or relating to these Terms and Services are to be settled by binding arbitration in Singapore or another location mutually agreeable to the parties. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in commercial arbitration and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of diction.
17. Class Action Waiver and Other Restrictions.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Users and Company alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms (including the “Continuation” provision below), and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall sever and continue.
Users agree to indemnify, defend, and hold harmless, Company and Company Parties, from and against all: claims; injuries; damages; obligations; losses; lawsuits; attorney fees; legal fees or filing fees from any and all claims or demands made by any party related to Users’ use of Service, website, or applications; violations of these Terms, goods and services purchased; or misuse of User accounts. Company reserves the right to execute the exclusive defense of any issues arising out of such indemnification. Users are expressly prohibited from settling such claims without the prior written Consent of Company.
These Terms are the complete and exclusive statement and the mutual understanding of Users and Company. These Terms supersede and cancel all previous written and oral agreements and communications relating to the subject matter of these Terms. Any waivers or amendments shall be effective only if made in writing and signed by an agent of Company authorized to do so.
Company’s failure to exercise, delay in exercising, any privilege, any power or any rights hereunder will not operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
22. Notice to California Users
Under California Civil Code Section 1789.3, users of Company Services are entitled to the following contact information: The Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs may be contacted in writing or by telephone at:
400 R Street, Suite 1080
Telephone: (916) 445-1254, or (800) 952-5210
23. Termination and Survival
If a User breaches Terms, or any part of the Terms, in any way, then Company may take action up to, and including, suspending Users’ access to Services or prohibiting them from accessing Company website or application. Company may take these actions without liability or notice to you. If a User’s account is terminated due to a breach in the Terms, Users will not be entitled to any refund of any kind. Furthermore, Users can be barred from any future use of Services.
24. Contact Information
MindSynch Private Limited (Business Registration No. 52960322E)
10 Anson Road #30-05A