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Terms of Use

These website terms of use ("Terms of Use") is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These terms of use do not require any physical, electronic or digital signature.

These Terms of Use is a legally binding document between User and mindZcloud (both terms defined below). These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between User and mindZcloud for the use of the Website (defined below).

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.

These Terms of Use of the website located at the URL https://www.mindZcloud.com/ and mobile application under the name and style "mindZcloud" (the “Website”) is between MindZcloud Technologies Private Limited (hereinafter referred to as “mindZcloud" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which mindZcloud offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

These Terms of Use together with the Privacy Policy and/or any other policies or terms of the Website which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

If you are accessing the mindZcloud mobile application or accessing the Services through the mindZcloud mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

1. GENERAL
  • 1.1 mindZcloud Technologies Private Limited is a company incorporated under the laws of India, with its registered office at Flat No. 608, Wing 1A, Rahul Residency, Tatya Wazalwar Marg, Ganeshpeth, Near Vidharba Co. Society, Nagpur, MH, 440018, INDIA and having CIN U72200MH2020PTC340198.
  • 1.2 mindZcloud is an online training portal.
  • 1.3 These Terms of Use are subject to revision by mindZcloud at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when mindZcloud last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. mindZcloud may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
  • 1.4 If there is any conflict:
    1. between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict;
    2. between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;
    3. between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.
2. SERVICES
  • 2.1 The Website is an electronic platform in the form of a portal that (a) provides Consulting & Implementation services for the web applications, and (b) such other services as are incidental and ancillary thereto.
3. ELIGIBILITY TO USE
  • 3.1 You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between mindZcloud and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
  • 3.2 mindZcloud reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without any reasons for doing so.
  • 3.3 You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
4. SECURITY
  • 4.1 You may access and use the Website and the Services as a guest user wherein you can submit Your inquiry and Our team shall get back to you regarding Your requirements.
  • 4.2 Registered users: mindZcloud may make certain sections of the Services available to You through the Website only if You have provided mindZcloud certain required User information and created an account and a mindZcloud ID through certain log-in ID and password ("Account"). You may create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (mindZcloud ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").

    In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify mindZcloud of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. mindZcloud cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by mindZcloud or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

    You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

    If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or mindZcloud has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, mindZcloud has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

  • 4.3 Guest users: The Website also allows limited access to the Services for unregistered Users (also called 'guest users'). Such users will be able to browse the Website and use the Services. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time. Your provision of, and mindZcloud collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by mindZcloud’ privacy policy ("Privacy Policy").
5. PAYMENTS
  • 5.1 Presently, mindZcloud does not levy any fee for browsing the Website. mindZcloud may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. mindZcloud will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service.
  • 5.2 You agree that mindZcloud may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.
  • 5.3 You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. mindZcloud expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
6. USER OBLIGATIONS
  • 6.1 mindZcloud grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
  • 6.2 You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.
  • 6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as study material if any provided by mindZcloud) that Your access on the Website in accordance with Clause 7.
  • 6.4 You agree not to access (or attempt to access) the Website by any means other than through the interfaces that are provided by mindZcloud. You shall not use any 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 in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  • 6.5 If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
  • 6.6 The Website may allow you to post certain content, data or information of Your own, as well as submit any suggestions, comments, questions or other information to mindZcloud using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that mindZcloud does not endorse any User Content on the Website and is not responsible or liable for any User Content. mindZcloud reserve the right to disable access to the User Content on the Website.
  • 6.7 When you use the Website You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and to which the User does not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
    3. harms minors in any way;
    4. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    5. 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 of any other nation;
    6. infringes any patent, trademark, copyright or other proprietary rights;
    7. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
    8. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    9. 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);
    10. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any mindZcloud server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
    11. 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;
    12. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
    13. use the Website for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of mindZcloud or other third parties;
    14. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    15. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    16. Violate any applicable laws or regulations for the time being in force within or outside India;
    17. Violate the terms of the Agreement.
  • 6.8 You agree that You are solely responsible to mindZcloud and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which mindZcloud or its affiliates or its vendors may suffer) for any such breach.
  • 6.9 mindZcloud has no obligation to monitor any User Content. However, mindZcloud at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if mindZcloud determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where mindZcloud removes any User Content from the Website, mindZcloud will make reasonable efforts to inform the user who had posted such User Content.
  • 6.10 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
  • 6.11 You may need to install updates that we or any third party introduce from time to time to use the services, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates").
7. USE OF CONTENT
  • 7.1 Except as expressly indicated to the contrary in any applicable Additional Service Terms, mindZcloud hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print the Content available on the Website, subject to the following conditions:
    1. You may access and use the Content solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
    2. You may not modify or alter Content available on the Website;
    3. You may not distribute or sell, license or otherwise make the Content available on the Website available to others; and
    4. You may not remove any text, copyright or other proprietary notices contained in the Content available on the Website.
  • 7.2 The rights granted to You in the Content or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
  • 7.3 Any software that is available on the Website is the property of mindZcloud. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of mindZcloud.
8. INTELLECTUAL PROPERTY RIGHTS
  • 8.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, study material provided under the course, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by mindZcloud or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. mindZcloud reserves the right to change or modify the Content from time to time at its sole discretion.
  • 8.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of mindZcloud or respective third parties. You are not permitted to use the Marks without the prior consent of mindZcloud or the third party that may own the Marks.
  • 8.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, mindZcloud owns all intellectual property rights to and into the trademark " mindZcloud", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  • 8.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from mindZcloud or thirty party owner of such Content.
9. THIRD PARTY CONTENT
  • 9.1 General third party information as well as blogs such as, specifications, reports on news, entertainment, technology and features including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. All Third Party Content is provided on an 'As Is' basis. mindZcloud does not provide any guarantee with respect to the accuracy, title, non-infringement or fitness for a particular purpose of any Third Party Content. mindZcloud shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
  • 9.2 In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. mindZcloud makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of services described thereon.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY
  • 10.1 You agree to indemnify, defend and hold harmless mindZcloud, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with Your breach of the Agreement(s).
  • 10.2 mindZcloud may notify You of any claims which You shall be liable to indemnify mindZcloud against. You will then be required to consult with mindZcloud regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of mindZcloud without the express prior written consent of mindZcloud which can be withheld or denied or conditioned by mindZcloud in its sole discretion.
  • 10.3 Notwithstanding anything to contrary in the Agreement(s), mindZcloud’ entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of the amount You have paid as fees/charges to mindZcloud for its Services or Indian Rupees.
  • 10.4 Notwithstanding anything to contrary in the Agreement(s), in no event shall mindZcloud, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not mindZcloud has 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 Content.
11. TERMS
  • 11.1 The Agreement will continue to apply until terminated by either You or mindZcloud as set forth below. If You want to terminate Your agreement with mindZcloud, You may do so by not accessing the Website.
  • 11.2 You agree that mindZcloud may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if mindZcloud determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to mindZcloud, for which monetary damages may be inadequate, and You consent to mindZcloud obtaining any injunctive or equitable relief that mindZcloud deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies mindZcloud may have at law or in equity.
  • 11.3 In addition to Clause 12.2 above, mindZcloud may, at any time, with or without notice, terminate these Terms of Use with You if:
    1. mindZcloud is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
    2. mindZcloud has elected to discontinue, with or without reason, access to the Website, or
    3. In the event mindZcloud faces any unexpected technical issues or problems that prevent the Website from working.
  • 11.4 Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until mindZcloud chooses to terminate them.
12. GOVERNING LAW AND JURISDICTION
  • 12.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between You and mindZcloud shall be governed in accordance with the laws of India without reference to conflict of laws principles.
  • 12.2 You agree that all claims, differences and disputes arising under or in connection with or in relation thereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and mindZcloud shall be subject to the exclusive jurisdiction of the courts at Nagpur, Maharashtra, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non conveniens. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
13. REPORT ABUSE AND TAKE DOWN POLICY
  • 13.1 In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please inform mindZcloud on the contact details available on the Website.
14. COMMUNICATIONS
  • 14.1 When You use the Website or generate inquiry or contact Us or make a communication with mindZcloud, You agree and understand that You are communicating with mindZcloud through electronic records and You consent to receive communications via electronic records from mindZcloud periodically and as and when required. mindZcloud will communicate with You by email or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
15. GENERAL PROVISIONS
  • 15.1 Notice: All notices with respect to these Terms of Use from mindZcloud will be served to You by email or by general notification on the Website. Any notice provided to mindZcloud pursuant to these Terms of Use should be sent to Grievance Officer at admin@mindZcloud.com.
  • 15.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. mindZcloud’ rights and/or obligations under the Agreement are freely assignable or otherwise transferable by mindZcloud to any third parties without the requirement of seeking Your prior consent. mindZcloud shall have right to transfer Your Account and Account Information to a third party who purchases mindZcloud’ business as conducted under the Website.
  • 15.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. mindZcloud may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
  • 15.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
  • 15.5 Principal to Principal Relationship: You and mindZcloud are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and mindZcloud.
  • 15.6 Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of mindZcloud for the purpose of this Agreement shall be Sanket Chouksey with email address: admin@mindZcloud.com. mindZcloud may change the aforesaid details from time to time under intimation to You.