We have two Terms of Service. The first one below relates to our parent site Mentor Together. For Terms of Service for our app Mentor To Go, please scroll to the end of the page
TERMS OF SERVICE FOR MENTOR TOGETHER
www.mentortogether.org (hereinafter, the “Website”) and app.mentortogether.org is owned and operated by Mentor Together (“Charitable Trust”), a Trust registered under the Indian Trusts Act 1882, having its registered office at House number 261, 7th Cross, 27th Main, HSR Layout, Sector 1, Bangalore 560102, India.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2) Trust Overview
Mentor Together is a Non-profit Organization based in Bangalore, India, registered under the Indian Trusts Act, 1882. The Organization was founded in 2009 by Arundhuti Gupta and Dr. Rajeev Gowda. Mentor Together provides empowering one-on-one mentoring relationships which helps young people from disadvantaged backgrounds break the inequality of opportunity.
The primary domain is www.mentortogether.org and www.mentortogo.org, which functions to introduce the Organization to public. The Subdomain for the site is app.mentortogether.org and app.mentortogo.org, where potential mentors and mentees can apply to join the Mentor Together program.
3) Registration and information collected:
The candidates are required to submit the following information with the trust:
- Personal Information: Name, DOB, Phone number, Email-id, Current Residential/Office Address
- Educational Information
- Hobbies, Interest
- Motivation/purpose to be a part of Mentor Together.
- For verification in future, You may be required to provide the following: Identity and Address Proof which may include Driver’s License, Aadhar card, Passport, etc.
4) License and Access
The Trust grants you a limited sub-license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Trust. Such limited sub- license does not include/permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Trust. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Trust and/or its affiliates without the express written consent of the Trust. You may not use any meta tags or any other “hidden text” utilizing the Trust’s name or trademarks without the express written consent of the Trust. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or is misleading or known to be false in any way.
5) User Obligations
You are a restricted user of this website.
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
- In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any services, including, but not limited to, services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
6) Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/TRUST INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL MENTOR TOGETHER , ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
This User Agreement is effective unless and until terminated by either you or the Trust. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the Trust. The Trust’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.
8) Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Trust reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
- Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, Karnataka, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bangalore, Karnataka, India.
10) Miscellaneous Provisions
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
11) Contact Us
If you have any questions about this Agreement, the practices of Mentor Together, or your experience with the Service, you can e-mail us at firstname.lastname@example.org.
TERMS OF SERVICE FOR MENTOR TO GO
b) where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
i) The term ‘You’ where the context relates to Mentee and ‘Mentee’, shall mean any legal person or entity accessing or using the services provided on this App, who is competent to enter into binding contracts as per the provisions of the Indian Contract Act, 1872 and who is desirous of entering into mentoring programs to improve their work readiness skills.
ii) ‘You’ where the context relates to ‘Mentor’ and ‘Mentor’ means any legal person or entity accessing or using the services provided on this App, who is competent to enter into binding contracts as per the provisions of the Indian Contract Act, 1872 who is desirous of implementing the mentorship programmes of the Proprietor through interaction, training and engagement with the Mentees on a voluntary basis.
iii) The terms ‘We’, ‘Us’, ‘Our’ shall mean the App and/or the Proprietor, as the context so requires.
iv) The term ‘Services’ shall mean the conceptualization and design of mentoring programs to improve a range of life skills, including but not limited to, communication skills, interpersonal and social skills, job-readiness, emotional management, self-awareness, and others, with the overall goal of helping youth from backgrounds of social and economic disadvantage (hereinafter referred to as ‘Mentees’) break the inequality of opportunity they face, in various parts of India (hereinafter referred to as ‘Programmes’) . The Proprietor represents that its programmes are implemented through the Mentors, who impart the above-mentioned skills to Mentees.
v) The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the Mentee/Mentor and the Proprietor individually and collectively, as the context so requires.
d) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f) The Mentee/Mentor unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the Mentee/Mentor and the Proprietor, and that the Mentee/Mentor shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the App, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The Mentee/Mentor acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the Mentee/Mentor, and that the Mentee/Mentor’s act of visiting the any part of the App constitutes the Mentee/Mentor’s full and final acceptance of these Terms and the aforementioned Policy.
g) The Proprietor reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Mentee/Mentor, and the Mentee/Mentor expressly agrees that any such amendments or modifications shall come into effect immediately. The Mentee/Mentor has a duty to periodically check the terms and stay updated on its requirements. If the Mentee/Mentor continues to use the App following such a change, the Mentee/Mentor will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the Mentee/Mentor complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the App. If the Mentee/Mentor does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms
To fully avail the Services of the App and use of it, a one-time Mentee or Mentor registration is required to create a profile. You may access the Services by signing in as a Mentor or Mentee, and by providing the information which shall include but not be limited to personal information (name, location, email), gender, age, contact number and mailing address.
Registration for this App is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the App, You may NOT do so, and the Proprietor reserves the right to terminate Your account on knowledge of You being a minor and having registered on the App or availing any of its Services.
Further, at any time during Your use of this App, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Mentee or Mentor password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
3) SERVICE OVERVIEW
The App helps youth enhance their work readiness and employability skills, through interactions, discussions and activities with experienced mentors from Industry. The Mentor To Go Android app facilitates detailed mentor and mentee screening, mentor training, algorithmic matching of mentors and mentees, and the delivery of work readiness sessions to mentees. The use of technology, specifically mobile front-end technologies, shall help Mentor Together scale mentorship across the country, making it possible for anyone, anywhere to receive or deliver high-quality career guidance and mentorship.
The Mentee/Mentor represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The Mentee/Mentor may not use the App if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, Mentee interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is generated/provided by the Proprietor and We endorse the quality, the accuracy, integrity or genuineness of such Content.
The Mentor is solely responsible for the integrity, authenticity and genuineness of the details and information displayed on the App by the Mentor and whilst complaints or feedback of Mentees and Mentors shall be made via the App, the App bears no liability whatsoever for any complaints by the Mentee made in respect of any of the information posted by the Mentors on the App. The same holds true for the reverse scenario; i.e. in respect of information posted by the Mentee on the App. The Proprietor/App does not represent or promote the interests of any specific Mentors or Mentees and the App reserves its right to suspend the account of any Mentor or Mentee for an indefinite period to be decided at the discretion of the Proprietor, or to terminate the account of any Mentor or Mentee who is found to have displayed information or details that are found to be incorrect, inaccurate, or misleading in any manner, in terms of information provided. The Mentor or Mentee shall be solely responsible for making good any financial or legal losses incurred through the display of information or details that are found to be incorrect, inaccurate, or misleading in any manner (for example, in the event that any identity theft has taken place by the Mentor or Mentee).
The Mentees and Mentors have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the App. Mentees and Mentors shall not copy, adapt, and modify any content without written permission of the Proprietor.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the Mentee/Mentor continues to access and use the App.
A Mentee/Mentor may terminate his/her use of the App at any time. The Proprietor may terminate these Terms and close a Mentee/Mentor account at any time without notice and/or suspend or terminate a Mentee/Mentor’s access to the App at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that the Proprietor may discontinue the App without any prior notice.
The Proprietor reserves the right, in its sole discretion, to unilaterally terminate the Mentee/Mentor’s access to the Services, or any portion thereof, at any time, without notice or cause. The App also reserves the universal right to deny access to particular Mentee/Mentors, to any/all of its Services without any prior notice/explanation in order to protect the interests of the App and/or other visitors to the App. The App reserves the right to limit, deny or create different access to the App and its features with respect to different Mentee/Mentor(s), or to change any of the features or introduce new features without prior notice. The Mentee/Mentor shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the Mentee/Mentor shall not have the right to terminate these Terms till the expiry of the same.
The information provided by You may be used by Us periodically to provide You with regular updates and new opportunities for mentorship, at the discretion of the App, over email or over message (SMS or WhatsApp). If You do not wish to receive any communications, please email us at email@example.com requesting to unsubscribe from such communications. Please note that it may take up to 15 days for Your request to be processed and approved.
Registration on this App is free, and this includes accessing the App and the use of the services.
10) MENTEE/MENTOR OBLIGATIONS
The Mentor/Mentee shall adhere to the following obligations:
a) Agrees to provide genuine credentials during the process of registration on the App. You shall not use a fictitious identity to register.We are not liable if the Mentor or Mentee has provided incorrect information.
b) Agrees to ensure the email address, address and mobile number provided during account Registration are valid at all times.
c) Agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
e) Is bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the App. Any such use/limited use of the App will only be allowed with the prior express written permission of the Proprietor. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the App is expressly prohibited.
f) Agrees not to access (or attempt to access) the App and/or the materials or services by any means other than through the interface provided by the App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or its content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App will lead to suspension or termination of the Mentee/Mentor’s access to the App.
g) The App permits the Mentor or Mentee to post, or upload data to each other or to the larger community, and the Mentor or Mentee undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The Mentor or Mentee expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the App immediately and without notice, and further that the Mentor or Mentee’s access to the App may also be permanently revoked, at the sole discretion of the Proprietor.
The Mentee/Mentor further undertakes not to:
i) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii) Engage in any activity that interferes with or disrupts access to the App or the services provided therein (or the servers and networks which are connected to the App);
iii) Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v) Post or share any image/file/data with the Proprietor that infringes the copyright, patent or trademark of another person or legal entity;
vi) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App;
vii) Download any file belonging to another Mentee/Mentor of the App that the Mentee/Mentor is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii) Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. The Mentee/Mentor may not reverse look-up, trace or seek to trace any information relating to any other Mentee/Mentor of, or visitor to, the App, or any other viewer of the App, including any Mentee/Mentor account maintained on the App not operated/managed by the Mentee/Mentor, or exploit the App or information made available or offered by or through the App, in any manner;
ix) Disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked platforms;
x) Use the App or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App or any other third party (ies);
xi) Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the App;
xii) Violate any applicable laws, rules or regulations currently in force within or outside India;
xiii) Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the App contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xiv) Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xv) Publish, post, or disseminate information that is false, inaccurate or misleading;
xvi) Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xvii) Commit any act that causes the Proprietor to lose (in whole or in part) the services of its Internet Establishment (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Proprietor/App;
xviii) Engage in advertising to, or solicitation of, other Mentee/Mentors of the App to buy or sell any products or services. The Mentee/Mentor may not transmit any chain letters or unsolicited commercial or junk email/messages to other Mentee/Mentors via the App. It shall be a violation of these Terms to use any information obtained from the App to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another Mentee/Mentor of the App.
The Mentee/Mentor hereby expressly authorizes the Proprietor/App to disclose any and all information relating to the Mentee/Mentor in the possession of the Proprietor/App to law enforcement or other government officials, as the Proprietor may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The Mentee/Mentor further understands that the Proprietor/App might be directed to disclose any information (including the identity of persons providing information or materials on the App) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
11) SUSPENSION OF MENTEE/MENTOR ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Proprietor may in its sole discretion limit the Mentee/Mentor’s access and/or activity by immediately removing the Mentee/Mentor’s access credentials either temporarily or indefinitely, or suspend/terminate the Mentee/Mentor’s association with the App, and/or refuse to usage of the App to the Mentee/Mentor, without being required to provide the Mentee/Mentor with notice or cause:
a) If the Mentee/Mentor is in breach any of these Terms or the Policy;
b) If the Mentee/Mentor has provided wrong, inaccurate, incomplete or incorrect information;
c) If the Mentee/Mentor’s actions may cause any harm, damage or loss to the other Mentee/Mentors or to the App/Proprietor, at the sole discretion of the Proprietor.
i) Your use of the App,
ii) Any Information, Discussions or Messages you provide;
iii) Your violation of these Terms and Conditions;
iv) Your violation of any rights of another;
v) Your conduct in connection with the App;
vi) Your internal disputes amongst other Mentees/Mentors; or
b) You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Proprietor/App be liable to compensate the Mentee/Mentor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Proprietor/ App had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Mentee/Mentor’s use of or access to the App and/or the services or materials contained therein.
13) LIMITATION OF LIABILITY
a) The creators/ founders/ promoters/ associated people of the App are not responsible for any consequences arising out of the following events:
i) If the App is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii) If the Mentee/Mentor has fed incorrect personal information;
iii) If there is undue delay or inability to communicate through email;
iv) If there is a failure in the functioning of any other service provided by the App.
b) The App accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the Mentee/Mentor, the Mentee/Mentor’s belongings, or any third party, resulting from the use or misuse of the App. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The App will not be liable to you for the unavailability or failure of the App.
c) Mentee/Mentors may be held legally responsible for damages suffered by other Mentee/Mentors, the App or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the App.
d) Mentee/Mentors are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
e) The App expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the App and which is incurred by you in connection with the App, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
f) To the fullest extent permitted by law, the App shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the App.
14) INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the Mentee/Mentor a right to use any of the App’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the App and other distinctive brand features of the App are the property of the Proprietor. Furthermore, with respect to the App created by the Proprietor, the Proprietor shall be the exclusive owner of all the designs, graphics and the like, related to the App.
The Mentee/Mentor may not use any of the intellectual property displayed on the App in any manner that is likely to cause confusion among existing or prospective Mentee/Mentors of the App, or that in any manner disparages or discredits the Proprietor/App, to be determined in the sole discretion of the Proprietor.
The Mentee/Mentor is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Proprietor, or to the Mentee/Mentor.
The Mentee/Mentor is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the Mentee/Mentor will result in legal action being initiated against the Mentee/Mentor by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) The Mentee/Mentor agrees and undertakes that they are accessing the App and transacting at his/her sole risk and are that it is using his/her best and prudent judgment before availing any service listed on the App, or accessing/using any information displayed thereon.
b) The Mentee/Mentor agrees that any kind of information, resources, activities, recommendations obtained/availed from App, written or oral, will not create any warranty and the App disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Mentee/Mentors on the App and the App doesn’t make any warranty about the conduct of Mentee/Mentors on the App.
c) The Proprietor/App does not guarantee that the functions, products and services contained in the App will be uninterrupted or error-free, or that the App or its server will be free of viruses or other harmful components, and the Mentee/Mentor hereby expressly accepts any and all associated risks involved with the Mentee/Mentor’s use of the App.
d) The App may avail services from third party to serve you better and these services will be provided on “as is” basis and the App disclaims any liabilities resulting from these third party services. The App will not be responsible for any internet delays and damages caused by such problems.
e) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
16) FORCE MAJEURE
Neither the Proprietor nor the App shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
17) DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Proprietor, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bengaluru.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the Mentee/Mentor may be communicated to the Proprietor by the Mentee/Mentor writing an email to firstname.lastname@example.org.
19) MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the Mentee/Mentor and the Proprietor with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d) Contact Us: If you have any questions about this Agreement, the practices of the App, or your experience with the Service, you can e-mail us at email@example.com.