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Terms and Contidions

Mentor Learning Services Private Limited (“Mentor” or “we” or “us” or “our” or other similar pronouns) offers you (“you” or “your”) information relating to the training courses you / your team members nominated for / attending. This app will help you to track your learning process / team members’ learning progress. iMentor is licensed software application (“Licensed Application”) for mobile devices available on Mentor’s website at www.mentor.in (“Site”) or other third party websites.  The Site, the Licensed Application and the various Mentor services offered to you may be collectively referred to in these terms as the “Services”.  You understand that, just like a regular mobile phone service, anyone with knowledge of your phone number may call you or send you messages through our Licensed Application.  Our Licensed Application is licensed, not sold, to you for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement.  We reserve all rights not expressly granted to you.  This license is a binding legal document between Mentor and you, and explains your rights and obligations as a user of the Services (“License”).  By using the Services you acknowledge and agree to the terms of this License, the Mentor Privacy Policy, which is incorporated by herein by reference. If you choose to not agree with any of these terms, you may not use the Services.

Check restrictions on use: In some countries there may be restrictions on the use of the Licensed Application.  It is your responsibility to ensure that you are legally allowed to use the Licensed Application where you are located.

PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE SERVICES

  1. Scope of License

This License is a limited, non-exclusive, non-transferable, non-sub-licensable license to use the Licensed Application on any mobile device that you own or control.  You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time.  You may not rent, lease, lend, sell, redistribute or sub-license the Licensed Application.  You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Licensed Application, if any).  In addition, any commercial copying or distribution, publication or exploitation of the Licensed Application or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder.  Any attempt to do so is a violation of our rights.  If you breach these restrictions, you may be subject to prosecution and damages.  The terms of the License will govern any upgrades provided by us that replace and/or supplement our Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

  1. Consent to Use of Data

How Mentor receives, collects and uses information about you from your use of the Service in general, including Personal Information, is more fully described in the iMentor Privacy Policy.

By using the Licensed Application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application.  We may use this information to improve our Services.

  1. Changes to this License

Mentor may make changes to the terms of this License from time to time.  Mentor will publish the changes here.  The changes will be effective when published.  Please review this License on a regular basis.  You understand and agree that your acceptance of the terms of this License or your use of the Services after the date of publication of varied terms shall constitute your agreement to the updated terms.  If you do not agree with the amended terms, you may terminate your relationship with Mentor in accordance with paragraph 4 below.

  1. Termination
    • The License is effective until terminated by you or us.  You may terminate your relationship with Mentor at any time.  If you are using our Services, you may simply cease to use the Services or delete our Licensed Application from your mobile device(s).  Mentor has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License.  Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
    • In addition, Mentor has the right to terminate its relationship with you, or may terminate or suspend your use of the Services at any time:
  2. if you are in breach of the terms of this License;
  3. if Mentor reasonably suspects that you are using the Services to break the law or infringe third party rights;
  4. if Mentor reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
  5. if Mentor reasonably suspects that you are using any of our products fraudulently or that your “User Account” is being used by a third party fraudulently;
  6. immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of Mentor’s partners.
    • Mentor shall effect such termination by preventing your access to the Services, where applicable.  We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

 

  1. The Services
    • Once you have downloaded the Licensed Application and become an iMentor user, you can view your enrolled courses, get notifications on activity deployment, your training reports, your team members’ training progress & reports
    • The User Submissions may be hosted, shared, and/or published as part of the Services, and may be visible to other users of the Services who are also licensed.
  2. You retain your ownership rights in your User Submissions.  You understand that whether or not such User Submissions are published, Mentor does not guarantee any confidentiality with respect to any User Submissions.  You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.  User Submissions do not necessarily represent the views or opinions of Mentor and Mentor makes no guarantees as to the validity, accuracy or legal status of any User Submission.

In connection with your User Submissions, you affirm, represent, and/or warrant that:

  1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mentor to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service and this License;
  2. you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission.  By submitting the User Submissions to iMentor you hereby grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in connection with the Services and Mentor’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant every user of the Services a non-exclusive license to access your User Submissions through the Services.  You further agree that you will not violate any of the restrictions listed in Prohibited Uses set forth in paragraph no 6 below.  Mentor does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.  Mentor does not permit copyright infringing activities and infringement of intellectual property rights via its Services, and we will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights.

Certain User Submissions including but not limited to your enrolled courses, training reports and feedback comments may be subject to moderation by Mentor prior to becoming visible to other Licensed Users.  You are not permitted to post comments which include offensive language which are indecent, sexist or otherwise objectionable in any way.

  • In the course of using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable.  Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.  You agree not to exploit the Services in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
  • We make no representation that our Services are available for use in any particular location.  To the extent you choose to access our Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.  We reserve the right to change, suspend, remove, or disable access to our Services at any time without notice. In no event will we be liable for the removal of or disabling of access to our Services.  We may also impose limits on the use of or access to our Services without notice or liability.
  • iMentor may automatically check your version of the Licensed Application.  Mentor has no obligation to make available any updates, however, iMentor may:
  1. require you to download and install updates;
  2. automatically download and install updates to your device.
  • Mentor does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”) to be confidential information.  If you send any Feedback to Mentor through the Site, social networks or otherwise, you acknowledge and agree that Mentor shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Mentor‘s right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
  • You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Mentor where none exists.  You may not frame the Site on any other website.  Mentor may revoke the permission to link to the Site at any time at its sole discretion.
  1. Your Obligations

You may not:

  1. intercept or monitor, damage or modify any communication which is not intended for you;
  2. use any type of spider, virus, worm, trojan-horse or any other code or instructions that are designed to distort, delete, damage, emulate or disassemble the Services;
  3. send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Services for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
  4. expose any third party to material which is offensive, harmful to minors, indecent, sexist or otherwise objectionable in any way;
  5. use the Services to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
  6. use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
  7. collect or harvest any personally identifiable information, including account names, from the Services;
  8. impact or attempt to impact the availability of the Services, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
  9. Disclaimer of Warranties

You expressly acknowledge and agree that use of the services, including the Site and Licensed Application are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.  To the maximum extent permitted by applicable law, our services are provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the service, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.  We do not warrant against interference with your enjoyment of the services or that the services will be uninterrupted or error-free, or that defects in the services will be corrected.  No oral or written information or advice given by us shall create a warranty.  Should the services cause any defects, you assume the entire cost of all necessary servicing, repair or correction.

  1. Limitation of Liability

To the extent not prohibited by law, in no event shall we be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the service, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.

  1. End Users and Export Control

You will not use or export the Licensed Application or any product or services offered on the Site or through the Services, in violation of any applicable laws or regulations, including without limitation Indian export laws and regulations.

  1. Charges for Additional or Alternative iMentor Products, Features and Services

From time to time, Mentor may offer additional or alternative products or features available at a charge to the Licensed User.  The charges for such additional Mentor products or features or products will be confirmed to you before you complete a purchase from Mentor.  Mentor may change the prices of such products or features at any time without any notice to you.  You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable product or feature.  The new prices will apply to your next purchase after the new prices have been published.

From time to time, Mentor may offer additional or alternative products or features available at no charge for a trial period.  However, Mentor reserves the right to charge you for such products (at the normal rate) in the event that Mentor determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.

Mentor may collect GST, VAT, Sales Tax or other indirect taxes at the appropriate rate for the particular territory (as per applicable tax rules) at the time of purchase of Mentor products, features and services.

Using the Licensed Application on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator.  Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

Any charges mentioned in specific currencies are solely considered as examples, and do not take currency fluctuations or discrepancies into account.

    • If you believe that iMentor has charged you in error, you must contact Mentor within 90 days of such charge.  No refunds will be given for any charges more than 90 days old.
    • Mentor reserves the right to refuse a refund request if it reasonably believes:
  2. that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature;
  3. if you are in breach of the terms of this License;
  4. if Mentor reasonably suspects that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently.  This refund policy does not affect any of your statutory rights to pursue a claim.
  5. Mentor ‘s Ownership Rights

The Services, including the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties.  Mentor or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Services and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) (“iMentor Technology”), and your use of our Services does not grant to you, nor do you acquire any ownership rights in the iMentor Technology.

  1. Notice and Take Down Procedures; Copyright Agent

We respect the intellectual property rights of others, and require that the people who use the Site, Services and Licensed Application do the same.  If you believe that any materials accessible on or from the Services infringes your copyrights, you may request the removal of those materials (or access thereto) by contacting us at info@mentor.in

  1. Jurisdiction

The laws of India govern this License and your use of the Licensed Application.  You expressly agree that the courts in Chennai, Tamilnadu, India have exclusive jurisdiction over any claim or dispute with Mentor or relating in any way to your use of the Licensed Application or Services.  Your use of the Licensed Application and Services may also be subject to other local, state, national, or international laws.

  1. Indemnity

You will indemnify, defend and hold harmless Mentor from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.

  1. Links to Third Party Websites

The Site and the Licensed Application may contain links to other third party websites (“Third Party Sites”).  These Third Party Sites are provided solely as a convenience to you.  Such Third Party Sites are not under Mentor’s control, and Mentor is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites.  You will need to make your own independent judgment regarding your interaction with these Third Party Sites.

  1. Acceptance of License

You affirm that you have the ability to enter into this License.  If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 13 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License.  The Services are not intended for children under the age of 13.

  1. General

This License is the entire agreement between you and Mentor relating to the Services and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by this License.  If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.  This License may not be modified or amended except as described herein by Mentor or otherwise with the written agreement of Mentor.