Terms & Conditions and User Agreement for transacting at and/or dealing with the Platform

I. Recitals

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008 (“IT Act”). This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Intermediary Rules”).
Being a knowledge and experience sharing medium professionally for the benefit of all currently, the access to the Platform is free of cost, however, the Owner may charge subscription fees for accessing, using and transacting through the Platform with previous notice on the Platform (“Fees”).
Use of this Platform is regulated by terms and conditions provided herein. By clicking on the “I ACCEPT” button, you are consenting to be bound by these terms and conditions and the Privacy Policy of Mentorgain.Please ensure that you read and understand all these User terms before you use the Platform. If you do not accept any of the User terms, then please do not use the Platform or avail any of the Services being provided therein. Your agreement to these terms and conditions shall operate as a binding agreement between you and Mentorgain in respect of the use of Services and the Platform. Your access, visit, dealing, transacting and/or otherwise using this Platform shall be treated as your unconditional acceptance of these terms in entirety and the same shall be deemed that you have accepted these terms fully and you have gone through and understood these terms completely and these terms shall be treated as a legally binding and enforceable Agreement between Mentorgain and you (“Acceptance”). If you do not agree with any of these terms or all of these terms, then you should stop dealing with and/or not initiate or undertake any transaction on this Platform.
The information and Services offered on this Platform or through other mediums should not be considered as a substitute for professional advice. The User’s use of the Platform and/or Services is subject to the additional disclaimers and caveats that may appear throughout the Platform. Mentorgain assumes no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User takes based on the information, Services and other materials on this Platform. While Mentorgain strives to keep the information relating to the various Services offered on this Platform accurate, complete and up-to-date, Mentorgaincannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timeliness of the information.

It is expressly provided that the training, data, documents, learnings, notes, advice, consultancy pertaining to the Services offered by Mentorsto the Mentees through the Platform is provided by such Mentors and the same is not owned by Mentorgain and Mentorgain shall not be responsible and/or liable whether financially or otherwise with respect to the same.

Mentorgain shall only be conducting a limited background check including on the professional qualification of the Mentors. However, Mentorgain shall not be held responsible and/or liable in respect to the same.
Mentorgain may change, suspend and/or discontinue the Services at any time, including the availability of any feature, database and content on the Platform. Mentorgain may also impose limits on certain features and Services and/or restrict the User’s access to parts and/or all of the Services without notice and/or liability to the Users.
All kinds of correspondence should be addressed to Mentorgain’s office address as given above.

II. TERMS AND CONDITIONS

1. Definitions

The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:

“Acceptance” shall have the meaning ascribed to it in Recital I (5).

“Agreement” shall mean this agreement between Mentorgain and the User with terms and conditions as provided herein and includes the Privacy Policy and all schedules, appendices and references mentioned herein with all such amendments as effected by Mentorgain from time to time.

“Fees” shall have the meaning ascribed to it in Recital I (4).

“Intellectual Property Rights” shall have the meaning ascribed to it in Clause 4.2(a).

“Marks” shall have the meaning ascribed to it in Clause 4.2(e).

“Mentorgain” shall have the meaning ascribed to it in Recital I (3).

“Mentor” shall have the meaning ascribed to it in Recital I (3)

“Mentee” shall have the meaning ascribed to it in Recital I (3)

“Owner” shall have the meaning ascribed to it in Recital I (3)

“Platform” shall have the meaning ascribed to it in Recital I (3).

“Services” shall have the meaning ascribed to it in Recital I (4).

“ThirdPartyContent” shall have the meaning ascribed to it in Clause 5.1.

“User” shall mean any person including the Mentors and Mentees that visits, uses, deals with and/or transacts on the Platform in any way. Any references herein to ‘you’ and ‘your’ shall mean the User.

“User Content” shall have the meaning ascribed to it in Clause 5.3.

“Web Links” shall have the meaning ascribed to it in Clause XI.

In this Agreement, the ‘Mentorgain’ and the ‘User’ have been collectively referred to as “Parties” and individually as “Party”.

2. Eligibility

2.1 The User hereby represents and warrants that the User is at leasteighteen (18) years of age and the User’s visit, access, dealing and/or transaction at the Platform or availing of Services shall be treated as the User’s representation that the User is competent to enter into legal contracts under applicable law including the Indian Contract Act, 1872.

2.2 If the User is availing of the Services, the User further warrants that the User has legal authority to enter into legally binding agreements for the same. The User agrees to be financially responsible for all of the User’s use of the Services and access of the Platform (as well as for use of the User’s account by others). The User also warrants that all information supplied by the User in availing the Services and accessing the Platform, including without limitation the User Content, the User’s name, email address, street address, telephone number, mobile number, credit/debit card number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement and/or any of the provision is void where prohibited by law, and the right to access the Platform is revoked in such jurisdictions.The User acknowledges and agrees that Mentorgain shall have the right and is obligated under applicable laws to retain the information for the purpose of rendering the Services and/or for a period of at least one hundred eighty(180) days after cancellation or withdrawal of registration on the Platform and/or till such time as may be required under law and/or by an order of any relevant authority.

2.3 The User acknowledges and agrees that Mentorgain has the right to terminate your access and usage rights to the Platform and Services including removal of non-compliant information in the case of your non-compliance with any provision of this Agreement.

2.4 The User acknowledge and agree that Mentorgain shall not be involved in the personal sessions being conducted between the Mentor and the Mentees on google meet and the direct interactions between the Users shall be governed by terms and conditions agreed between the Users and Mentorgain is not a party to such arrangement and accordingly shall not be responsible and/or liable whether financially or otherwise,for any consequences suffered by actions including, but not limited to, the sharing of personal information during such interactions.

3. Amendment of Terms

Mentorgain is entitled to amend these terms anytime without any prior intimation to anybody and simply by way of notification on the Platform. Such a notification shall serve as information to the User in compliance with the IT Intermediary Rules.The User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by Mentorgain from time to time. Use of the Services by the User following such notification constitutes the User’s acceptance of the terms and conditions of this Agreement as modified.

4. Intellectual Property

4.1 Platform Content

(a) The User acknowledges and agrees that Mentorgain retains all right, title, ownership and interest in and to the Platform, all data and information, content, articles, material, text, literature, images, illustrations, photographs, videos, clippings, graphics, scripts, page headers, sounds, music, interactive features, the selection and arrangement of elements, the compilation, layout, design, software, domain name, business process, procedures, in any form whatsoever including but not limited to, print, writing, oral, electronic, digital/IT enabled, in machine readable and/or in any other form, and all patent rights, copyright rights, trademark rights, service mark rights, trade secret rights and other intellectual property rights therein recognized anywhere in the world (“IntellectualPropertyRights”), other than rights in Third Party Content or User Content. All use of such rights, including the Intellectual Property Rights, in any manner, medium or mode shall perpetually and throughout the world legally vest in Mentorgain at all times.

(b) Payment of the Fees, if applicable by the Users to Mentorgain for a particular Service merely grants the User a non-exclusive, temporary, revocable and conditional license to access and avail the Service for a given period of time as set out on the Platform.

(c) All Intellectual Property Rights of Mentorgain is a valuable asset of Mentorgain and the User agrees to protect, preserve and maintain confidentiality of the same. The User acknowledges that any unauthorized dissemination of the Intellectual Property Rights of Mentorgain would destroy or diminish its value and cause irreparable harm and loss to Mentorgain, and that monetary damages will be inadequate to compensate Mentorgain for any breach thereof. The User, therefore, agrees that Mentorgain shall, in addition to its rights in law and equity including to its right to claim damages, have the right to seek immediate injunctive relief and specific performance to enforce the obligations contained herein.

(d) The Platform is protected by copyright as a collective work and/or compilation, pursuant to the Copyright Act, 1957, international conventions, and other worldwide copyright laws. The User is not authorized to reproduce, republish, distribute, transmit, modify, edit, sell, transfer, license, translate, communicate, publish, use or exploit the Platform and/or its content in any manner whatsoever, or create derivative works based on it, in whole or in part, without Mentorgain’s express written authorization, which Mentorgain is under no obligation to grant.

(e) Any logo, trademark, brand name, service mark, trade name, slogan, and other indicia (“Marks”) that appear on or in connection with the Platform and/or its content, is the intellectual property of Mentorgain. Mentorgain expressly reserves all rights therein and the User agrees not to display, use or exploit the same in any manner whatsoever. Nothing contained in this Platform should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks.

(f) The User’s misuse of the Platform and/or its content and/or its Marks, is strictly prohibited. The User is advised that Mentorgain will aggressively enforce its Intellectual Property Rights and/or the contents of the Platform to the fullest extent permissible by law, including by seeking appropriate remedies including criminal sanctions solely at the User’s risk as to costs and consequences. Mentorgain has all the rights to disable or prohibit access to the Users who do not abide by these terms and are involved in the infringement of our intellectual property. A failure or refusal to enforce these rights by Mentorgain in specific instances is not an indication of the waiver of such rights.

(g) All the information and content disclosed on the Platform except the ThirdParty Content and User Content is proprietary in nature and solely belongs to Mentorgain and its respective licensors and shall not be used and/or copied and/or tampered with in any manner (as the case may be).

(h) The Users hereby further acknowledge that any views and/or opinions offered by any expert and/or advisory panel on the Platform through any webinars, workshops etc. is such expert / advisory panels own view and/or opinion and does not express Mentorgain’s view and / or opinion and Mentorgain shall bear no liability (financial or otherwise) with respect to the same.

(i) The Users hereby acknowledge that Mentorgain reserves the right to list its registered Users on the Platform and on other online portals operated by Mentorgain or its affiliates. In case a User does not want to be listed on any such sites or any of the other such online portals, they can communicate the same to Mentorgain in writing by sending an email to admin@mentorgain.com

5. ThirdPartyContent and User Content

5.1 The User hereby acknowledges that there may be publishers, advertisement agencies, other corporates, persons and legal entities who may upload third party trademarks, logos, photographs, images, content and other intellectual property rights on the Platform (“Third Party Content”). Mentorgain shall not be responsible and/or liable for any Third Party Content.

5.2 The User hereby agrees and acknowledges that the Third Party Content are the properties of the respective third parties and the same may be protected by applicable copyright, trademark or other intellectual property laws and treaties and each such third party expressly reserves all the rights to such intellectual property.Mentorgain does not solicit and/or recommend such Third Party Content to be used by the Users for making any decisions.

5.3 The Users shall be uploading images, data and other information owned or licensed to such Users on the Platform as part of the Services rendered through the Platform (“User Content”). The User hereby represents and warrants that the User Content is owned by such User or the User has the license to use such User Content and upload the same on the Platform. Further, Users uploading such User Content hereby acknowledge that the same is being done at the sole discretion and risk of the User and if such User Content is collected by a third party using the Platform which is misused or results in unsolicited messages from such third parties, then such actions would be beyond the control of Mentorgain and Mentorgain accepts no responsibility or liability whatsoever for such actions.

5.4 Mentorgain shall have the right to scan, filter, block and verify the Third Party Content and User Content for virus, bugs and other such software malware and retains the right to remove any Third Party Content and/or User Content at its sole discretion. Further, Mentorgain shall make best efforts to filter the data, information and images in accordance with applicable laws.

5.5 The User is hereby informed that you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

(a) belongs to another person and to which the User does not have any right;

is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

(g) impersonates another person;

(h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

(i) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

5.6 The User acknowledges and accepts that Mentorgain has the right to disable access to or remove any content that is in violation of Clause 5.5 above, and has the right to terminate the access or usage rights for Users dealing in such content. Such content may be retained by Mentorgain for compliance with and in accordance with applicable laws including the IT Intermediary Rules.

5.7 Certain elements of the Platform may contain material submitted by other Users and/or third parties. Mentorgain disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material including advertising material forming part of the Platform. Responsibility for ensuring that material submitted for inclusion on the Platform complies with applicable laws is exclusively on the advertisers and third parties and Mentorgain will not be responsible for any claim, error, omission and/or inaccuracy arising out of or in relation to such material. Mentorgain reserves the right to omit, suspend and/or change the position of any material submitted for insertion on the Platform. Acceptance of advertisements on the Platform shall be subject to Mentorgain’s terms and conditions applicable to advertisements.

5.8 The User shall abide by all copyright notices, intellectual property rights, information and restrictions contained in any content accessed through the Services.

5.9 Mentorgain shall have the right to not host, store or publish any unlawful information and/or forthwith remove the same which is prohibited under any applicable laws in relation to sovereignty and integrity of India, security of India, friendly relations with foreign states, public order, decency, morality, contempt of court, defamation, incitement to any of the aforesaid offences, or any other information which is prohibited under any law. Mentorgain shall also remove any of the aforementioned information on receipt of any order of a Court of competent jurisdiction or being notified by appropriate government or its agencies. Further, Mentorgain shall provide information in its possession of any User and/or third parties if required pursuant to any written order from any government agency which clearly sets out the purpose of seeking such information in accordance with applicable laws including IT Intermediary Rules. Mentorgain shall also report cyber security incidents and share related information in accordance with the policies and procedures as set out under applicable laws.

6. Registration Data

6.1 The User shall be entitled to use the Platform for any purpose set out therein after getting registered on the Platform and after furnishing all relevant information relating to the User as sought on the Platform. The User shall be solely responsible for maintaining and preserving the confidentiality of its User Id and Password.

6.2 The User shall be solely responsible for the accuracy and correctness of all such detail/information given by the User during registration. Mentorgain may at its sole discretion verify those details, if it deems fit. If Mentorgain has reason to doubt the correctness and/or authenticity of any detail/information furnished by the User or in case any information furnished by the User is found incorrect, false or misleading then Mentorgain shall be entitled to cancel or suspend the registration of the User permanently or for such period as Mentorgain deems fit.

6.3 The User hereby grants Mentorgain the right to use the information the User supplies to Mentorgain for the purpose of the Services and conducting background and credit check wherever deemed necessary. The User hereby agrees to grant Mentorgain a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license and right to exercise the copyright, publicity, and database rights the User has in his/her information, in any media now or in future known, with respect to the User’s information.

6.4 The User confirms that Mentorgain shall not be responsible for:

(a) Any deficiency in Service for reasons which are attributable to the User, and as captured in the agreements entered into between the User and Mentorgain.

(b) Any loss and/or damage to the User due to incorrect, incomplete and/or false information furnished by the User.

(c) Any technical or non-technical payment related snags which the User may face through the use of the third-party payment gateways as provided by Mentorgain on the Platform. Any deficiency in payment of consideration payable by the Users connected through the Platform, shall not be the responsibility of Mentorgain and Mentorgain shall not be directly or indirectly be held liable in respect to the same.

6.5 The User shall be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to Mentorgain.

6.6 The User accepts and acknowledges that Mentorgain shall retain the information provided by you at the time of registration even after your access to the Services has been cancelled or withdrawn, in compliance with the IT Intermediary Rules and/or any order of the relevant authority and/or as may be required under any applicable laws.

7. Representation, Warranties, Acknowledgement, Covenants, Undertakings And Obligations

7.1 The User represents and warrants that it has the legal capacity and authority to enter into this Agreement, register on the Platform and that the User is the owner of and/or authorized to share the information the User gives on the Platform. The User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.

7.2 The User acknowledges and understands that Mentorgain does not have any control on accuracy of information/detail submitted by anybody on the Platform and therefore agrees that Mentorgain shall not be responsible for any loss, damage, cost, expenses, etc. due to inaccuracy of any detail/information submitted by the User or anybody else on the Platform.

7.3 The User represents, warrants and covenants that information submitted by the User:

(a) is correct, complete, relevant and accurate;

(b) is not fraudulent;

(c) does not and shall not infringe any third-party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy;

(d) shall not be defamatory, libelous, unlawfully threatening and/or unlawfully harassing;

(e) shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority;

(f) shall not be seditious, offensive, abusive, liable to incite racial, communal and/or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience;

(g) does not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law;

(h) shall not be or include material that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(i) shall not create liability and/or claims for Mentorgain;

(j) shall not be in the nature of political campaigning, commercial solicitation, chain letters, mass mailings and/or any form of ‘spam’;

(k) shall not be illegal in any other way.

7.4 Mentorgain reserves the right to remove and/or edit any detail/information that Mentorgain in its sole discretion deems appropriate. The User confirms that he/she/it shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.

7.5 The User undertakes and confirms that the User shall not use the Platform, Services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of this Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority

7.6 The User shall not use the Platform, Services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Platform and/or any Services therein and/or the network(s) connected to the Platform and interfere with another User’s use and enjoyment of the Platform and/or Services therein.

7.7 The User shall not attempt to gain unauthorized access to any Service on the Platform, other users’ account(s), computer systems and/or networks connected to the Platform through hacking, password mining and/or any other means. The User shall not attempt to obtain any materials or information through any means not intentionally made available to the User through the Platform.

7.8 Subject to applicable provisions of the agreements entered into between the User and Mentorgain,Mentorgain shall not be responsible and/or liable for any claims, losses and/or damages accruing to or affecting the User, as a result of: (i) the User’s access or reliance on any promotional materials available on the Platform; and/or (ii) any defects/deficiencies in the Services provided by the Mentor; and/or (v) any claims in relation to the payment of any agreed terms between the Users engaging with each other through the Platform; and/or (vi) any claims/actions (including consumer claims) arising thereto; and/or (vii) any violation by the Users of the rights of third parties, including without limitation, infringement of copyright, trademark, service mark, patent, trade secret, privacy or other intellectual property or proprietary right or misappropriation of any property. The advertisement/advice (if any) received via the Platform should not be relied upon for personal, legal and/or financial decisions and the User should consult an appropriate professional for specific advice tailored to your situation.

7.9 Notwithstanding anything contained herein, the User agrees that Mentorgain is not liable, whether financially or otherwise, under the Agreement including for any consequences suffered by actions including, but not limited to, the sharing of personal data during the User’s interactions with any third parties or other Users of the Platform.

7.10 The User shall be solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Platform or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. The User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

8. Payment Terms

Mentorgain shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. During the continuation of Force Majeure Event, the obligations of Mentorgain under the Agreement shall stand suspended till ceasing of the Force Majeure Event. Mentorgain shall make its best endeavours to resolve any issues in regard to Force Majeure Event at the earliest and keep the Users updated on the same through notification on the Platform. A “Force Majeure Event” means any event due to any cause beyond the reasonable control of Mentorgain, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of its facilities, riots, insurrection, terrorist attack, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, pandemics, epidemics, breakdown and/or irregularities in networks, bugs, viruses, breakdown of software, hacking of the Platform and/or contents provided for availing the Services under the Platform.

9. Warranty Disclaimer

1.1 The User acknowledges that Mentorgain has no control over and no duty to take any action regarding (i) the User gaining access to the Platform and/or its content and/or Services; (ii) what effect the Platform and/or its content and/or Services may have on the User and/or any third-party; (iii) how the User may interpret or use the Platform and/or its content and/or Services; (iv) what actions the User may take as a result of having been exposed to the Platform and/or its content and/or Services. The User assumes full responsibility for the actions taken before, during, and after accessing the Platform, and their consequences, andreleases Mentorgain from all liability whether financial or otherwise for the User having accessed the Platform and/or its content and/or Services.

9.2 Mentorgain provides access to the Platform on an ‘as is’ and ‘as available’ basis. Neither does Mentorgain nor do any third parties including Third Party Service Providers(except as expressly stated by such Third Party Service Provider), provide any warranty or guarantee, express or implied, as to the accuracy, fitness, merchantability, availability, quality, performance, completeness or suitability of the Platform and/or its content and/or Services, for any specific purpose. The User acknowledges that the Platform and/or its content and/or Services may contain inaccuracies or errors and Mentorgain expressly excludes liability whether financial or otherwise for any such inaccuracies or errors to the fullest extent permitted by law.

9.3 Although Mentorgain has taken adequate safeguards, Mentorgain makes no guarantee of confidentiality and/or privacy of any User communication or information transmitted on the Platform and/or for the Services and/or on any website linked to the Platform. The User uses this Platform and/or Services and/or on any website linked to the Platform at his/her/its own risk.

9.4 The Platform and/or its content and/or Services may contain views, opinions and recommendations of Users of the Platform and/or Services, Third Party Content, User Content, advertisers, third-party information providers and organizations.Mentorgaindoes not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any such information displayed, uploaded, distributed, posted, emailed, transmitted or otherwise contributed through the Platform by anybody other than Mentorgain. Mentorgain assumes no responsibility to keep the content current, complete, up-to-date, validor accurate. Mentorgain shall not be responsible in any manner whatsoever whether financially or otherwise for any errors and omissions in the materials and/or content even if such errors or omissions are due to negligence. The User acknowledges that any reliance upon any such view, opinion, advice, recommendation or information, User Content, Third Party Content shall be at the User’s sole risk.

9.5 Mentorgain does not warrant the accuracy, reliability, credibility or completeness of the Platform and/or its content and/or its Services. Mentorgain makes no warranty that its Platform and/or its content are appropriate or available for use in other locations. Those who access the Platform and/or its content from territories other than India shall do so at their own risk and hereby unconditionally represent and undertake that they are responsible for full compliance with their local laws and the applicable laws of the Republic of India.

9.6 The User shall be solely responsible to maintain the confidentiality and security of his/her/its account, User Id, Password, login credentials and Mentorgain shall not be responsible for any losses arising out of the unauthorized access and/or use of the User’s account as a result of the User not following the terms and conditions stated herein.

9.7 Mentorgain shall be under no liability whether financial or otherwise of any nature whatsoever in respect of any loss, damage, claim or fraud suffered directly or indirectly by the User as a result of the User viewing, accessing, visiting and/or otherwise using the Platform.

9.8 The User expressly understands and agrees that Mentorgain, its shareholders, associate companies, directors, employees, representatives, agents and partners, shall not be liable to the User for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

(a) the User’s use or inability to use the Platform;

(b) any changes made to the Platform;

(d) any unauthorized access to or alteration of the User transmissions or data, if any;

(e) statements or conduct of any third-party on the Platform; and

(f) any fraud, security breach, misconduct or negligence by any third parties and/or advertisers and/or service providers.

9.9 Mentorgain does not warrant that access and use of its Platform and/or its content and/or Service will be uninterrupted, timely, secure and error-free since the same could be affected by overload/breakdown of receiving network, servers or applications; system failures; and frauds out of Mentorgain’s control. Mentorgain shall not be liable for any loss or damage whether financial or otherwise caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the User’s device, programs, data or other proprietary material due to use of the Platform.

9.10 Mentorgain does not endorse in anyway any contents of the work profiles of Mentors and Mentees enrolled on its Platform. The User shall verify the veracity of all information on his/her/their own before undertaking reliance and acting thereupon. The User expressly agrees and understands that the Services, materials, consultations, content and information offered on the Platform is not a substitute for professional advice and Mentorgain disclaims all liability whether financial or otherwise for any claims arising thereto.

9.11 Mentorgain is not responsible for the availability or content of any third-party material you access through the Platform. Mentorgain does not endorse and is not responsible or liable for any content, advertising, products, services or information of or relating to a third-party (including payment for and delivery of such products or services). Mentorgain shall not be responsible for any damage, loss or offence caused by or, in connection with, any content, material, advertising, products, services or information of any third-party that may be available on the Platform. Any terms, conditions, warranties or representations associated with such dealings, are solely between the User and the relevant provider of the service and the User agrees to indemnify Mentorgain for any claims arising thereto.

9.12 Mentorgain shall not be responsible and/or liable whether financially or otherwise in any manner whatsoever for any third-party action which results in the information provided by the User being exposed, misused and/or by such third-party who accessed such information without any authorization from Mentorgain.

9.13 Mentorgain may use a third-party as a payment gateway. By subscribing to Mentorgain’s Services, the User expressly authorizes a third-party payment gateway to charge the User’s credit card/debit card as and when applicable. Mentorgain disclaims any and all liability accruing to the User as a result of any fraud, misuse and/or duplicate transactions arising thereto.

9.14 Mentorgain neither warrants nor represents that use of the Services by the User will not infringe the rights of third parties not owned by or affiliated with Mentorgain.

9.15 There may be delay in provision of Services due to factors beyond the reasonable control of Mentorgain and therefore Mentorgain shall not be held responsible and liable for any delay and/or failure in performance of Services by Mentorgain due to such factors. The Platform may be subject to changes and/or improvements periodically. During the process of up-gradation, repair, maintenance and/or improvements, contents/systems/programs/software may be suspended for any use. Mentorgain shall not be liable for any inconvenience, loss, damage, cost, expenses which may be incurred by the User due to unavailability of the Platform for any use. Mentorgain does not warrant that the software will work on all networks and/or will be available in all geographical areas.

10. Personal, Non-Commercial and Non-Assignable Use

By registering on the Platform, the User confirms that use of the Platform shall be for his/her personal and/or commercial purpose (as may be applicable). The User confirms that the User’s right to access, use, deal with or transact at the Platform cannot be assigned to any other person and custody of the User Id and Password to access, deal with or transact at the Platform shall be the sole responsibility of the User and the User shall be responsible and liable for any misuse of the User Id and Password assigned to the User by Mentorgain.

11. Privacy Policy

12. Links to other Platforms

The Platform may contain hyperlinks to Platforms operated by persons other than Mentorgain (hereinafter referred to as the “WebLinks”). Such Web Links are provided for the User’s reference and convenience only and they do not constitute as any recommendation and/or advice and should not be relied upon in making and/or refraining from making any decision. Mentorgain reserves its right to remove any such Web Links anytime without any prior notice. Mentorgain is not under obligation to review the contents of Web Links and therefore does not control the contents of those Web Links. The User leaves the Platform by clicking on Web Links and goes to respective internet Platforms and use of those Web Links shall be regulated by terms provided on respective Platforms. Mentorgain is neither acting as publisher of contents of those Web Links nor endorser of any representation published on those Web Links. The User confirms that any access of Web Links by the User shall be entirely at the User’s own risk.

13. Description and Fees

Mentorgain shall endeavor to the best extent possible to be as accurate while providing Service descriptions and fees. However, Mentorgain does not warrant that descriptions and/or other content and/or fees related to the Services and/or other information and content contained in this Platform is accurate, complete, reliable, current and error-free.

14. Promotional Material

Mentorgain shall be entitled to send and the User gives his/her consent to receive, information/ offers/ promotional mails and messages pertaining to the Services offered by Mentorgain/the associate companies from time to time. In case the User wishes to deactivate any promotional material being provided to the User, the User shall notify Mentorgain admin@mentorgain.com

15. Indemnity and Limitation of Liability

Without prejudice to the rights of Mentorgain under law, in equity and/or under this Agreement, the User agrees to protect, hold harmless and indemnify Mentorgain, its shareholders, associate companies, directors, employees, representatives, agents and partners, to the fullest extent, from and against any and all claims, demands, damages, obligations, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorneys’ fees and costs) arising from or relating to: (i) the User’s access, use or misuse of the Platform; and/or (ii) the User’s breach or alleged breach of this Agreement and/or breach of the User’s representations, warranties, guarantees, covenants, obligations and undertakings; and/or (iii) any violation by the User of any applicable laws; and/or (iv) any violation by the User of Mentorgain’s rights and/or the rights of third parties, including without limitation, infringement of copyright, trademark, service mark, patent, trade secret, privacy or other intellectual property or proprietary right or misappropriation of any property. Subject to applicable laws, Mentorgain shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any party other than Mentorgain, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information. The User acknowledges and agrees that the disclaimers and the limitations of liability set forth in this Agreement are reasonable and fair and that these limitations are the basis on which Mentorgain is making the Services available to the User. The Users further acknowledge and agree that any cause of action related to the Services must commence withinone (1) year after the cause of action accrues otherwise, such cause of action shall not be permissible subject to applicable laws. Notwithstanding anything contained in the Agreement, the maximum liability of Mentorgain for rendering the Services, whether financial or otherwise for any reasons whatsoever under the Agreement shall not exceed the Fees received by Mentorgain from any User under the Agreement.

16. Termination

16.1 Mentorgain may, at any time, terminate or suspend any and all Services and/or access to the Platform immediately, without prior notice and/or liability if:

(a) The User breaches any of the terms or conditions of this Agreement and/or other incorporated agreements and/or guidelines.

(b) Requests by law enforcement and/or other government agencies.

(d) Unexpected technical and/or security issues and/or problems.

(e) Engagement by the User in fraudulent and/or illegal activities and/or suspected impersonation and/or due to result of any background search and/or credit check conducted on the User and/or any breach or threatened breach/ infringement of Intellectual Property Rights of Mentorgain.

(f) If applicable, non - payment of Fees owed by the User in connection with the use of Platform and/or Services.

16.2 Termination of the User account includes:

(a) Removal of access to all offerings within the Service and the Platform.

(b) Deletion of the User Id and Password and all related information, files and content associated with or inside the User account (or any part thereof).

16.3 The User hereby agrees that all terminations for cause shall be made in Mentorgain’s sole discretion and that Mentorgain shall not be liable to the User or any third-party for any termination of the User account, any associated email address, or access to the Services. Any Fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.

17. Governing Law

This Agreement shall be governed by, construed, interpreted, and enforced in accordance with the laws of India. Except for injunctive reliefs, specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the Courts of Mumbai.

18. General Provisions

18.1 No Partnership

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between the User and Mentorgain and the User shall have no authority to bind Mentorgain in any manner whatsoever.

18.2 Electronic communication

The User consents and gives his/her consent to receive communications from Mentorgain electronically/through electronic records. Mentorgain will communicate with the User by e-mail and/or by posting notices on this Platform. The User agrees that all agreements, notices, disclosures and other communications that Mentorgain provides to the User electronically satisfy all legal requirements of adequate service of notice/electronic record. This document is an electronic record in terms of Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical and/or digital signatures.

18.3 Assignment

Mentorgain can assign its rights and/or obligations provided herein or arising out of this Agreement to any person. The User cannot assign its rights and remedies and/or transfer its obligations under this Agreement without prior written consent of Mentorgain.

18.4 Severability

Should any provision of this Agreement be determined to be unenforceable and/or invalid, or any transaction contemplated hereby determined to be unlawful by any court of law, or competent government body for any reason, all other provisions shall continue (except if this Agreement stands terminated, subject to Clause 17.3) in full force and effect.

18.5 Grievances

In case of any queries and/or grievances and/or assistance required, if any, the User can reach out to admin@mentorgain.com

On receipt of any concerns or complaints by the Grievance Officer, the Grievance Officer shall acknowledge the receipt of the concern or complaint withintwenty-four (24) hours and will employ all commercially reasonable efforts to address the same at the earliest but no later than fifteen (15) days of receipt of same.