Acceptance of Terms
Representations and Warranties
You represent and warrant that
- All of the information provided by you to Masterminds to participate in the Services is correct and current and
- You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Personal Information and Privacy
If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information provided must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your user name/password combination and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Masterminds immediately. If any Services or Materials provide password-restricted access to your personal information (including, but not limited to, usage records for Materials, and performance in tests and exams) then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Masterminds's display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
Site, Materials, Services
"Materials" means all information, data, documents (e.g. pdf files, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, problems, articles, write-ups, questions, solutions, programs and products made available or enabled via the Site by Masterminds or users of this Site.
Intellectual Property; Limited License to Users; Trademark Information
Use of the Masterminds Materials or User Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties.
Use of Site and Services
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any Masterminds server or to the Site without authorization from Masterminds, whether through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Site or Services.
- Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Transmit unsolicited or bulk communications to any Masterminds account holder e-mail address
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others or otherwise.
- Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
- Access or use the Site in any unlawful manner or any manner that could damage, disable, overburden or impair any Masterminds server or the network(s) connected to any Masterminds server.
- Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of Masterminds or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any Masterminds domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Masterminds.
- Upload, post, transmit, share, store or otherwise make available any content or material that
- Contains any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers.
- We deem to be child pornography, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- In the sole judgment of Masterminds, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
- Use or attempt to use another's account, service or system without authorization from Masterminds, or create a false identity on the Service or the Site.
- Terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted.
- Disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Masterminds deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
Use of Software
You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via the Site or Services. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials. Masterminds does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable.
Masterminds's Rights to Submitted User Materials
For all of your User Materials that you post or otherwise submit to the Site, including
- comments to Communications Venues
- other information about the Site or the Services
- lecture videos
- other videos & audios
- books & e-books
- other educational materials
- software applications (apps) across devices
you grant Masterminds an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such User Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Masterminds is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Masterminds shall not be liable for any failure to store User Materials on the Site at any time.
Links to Third Party Sites
The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Masterminds to you as a convenience and the inclusion of the links do not imply any endorsement by Masterminds of any Linked Site. Masterminds has no control of the Linked Sites and you therefore acknowledge and agree that Masterminds is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Masterminds is not responsible for any form of transmission received from any Linked Site.
Restriction and Termination of Use
Masterminds may block, restrict, disable, suspend or terminate your access to all or part of the free Site, Services and Materials at any time in Masterminds's sole discretion, without prior notice to you or liability to Masterminds. Specifically, after a period of inactivity, Masterminds reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party.
If you violate the terms and conditions Masterminds may, at their sole discretion, block, restrict, disable, suspend or terminate the paid conditions.
Warranties and Disclaimers
- The site, services or materials will meet your requirements.
- The site, services or materials will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the site, services or materials will be effective, accurate, or reliable.
- The quality of the site or any services or materials purchased or accessible by you will meet your expectations and
- Any errors or defects in the site, services or materials will be corrected.
This site, services and materials may include technical or other mistakes, inaccuracies, or typographical errors. Masterminds may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The site, materials and services may be out of date, and Masterminds makes no commitment to update the site, materials and services. You acknowledge and agree that:
- Masterminds does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites.
- Masterminds makes no representations or warranties whatsoever about any such third parties, their materials or services.
- Any dealings you may have with such third parties are at your own risk and
- Masterminds shall not be liable or responsible for any materials or services offered by third parties.
Masterminds specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the site and materials and participation in any services. Managers, hosts, participants and other third parties are not authorized Masterminds spokespersons, and their views do not necessarily reflect those of Masterminds. To the maximum extent permitted by law, Masterminds will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Masterminds also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.
In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that Masterminds's aggregate liability shall not exceed the amount paid, if any, for the purchase of any product or service from Masterminds.
This Site can be accessed from countries around the world and may contain references to Masterminds products, services and programs that are not available in your country. These references do not imply that Masterminds intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Masterminds. If you access the Site from a location outside India, you are responsible for compliance with all local laws.
Notification of Copyright Infringement
Masterminds will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. Masterminds will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or in connection with the Services or Materials, please provide notification of claimed copyright infringement to firstname.lastname@example.org Only communications related to copyright infringement will be responded to from this email address.
Spam e-mail and Postings
Advertisements and Promotions
Masterminds may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Masterminds is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Masterminds advertisers on the Site or in connection with the Services or Materials.
Indemnity and Liability
You agree to indemnify and hold Masterminds and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
- Your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party's use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials)).
- Your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials).
- Your connection to the Site, Services or Materials.
- Your infringement of any third party's Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials.
- Your violation of any rights of any third party.
- Your access to or use of Linked Sites and your connections thereto. or
- Any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.
Masterminds reserves the right to contact you from time to time regarding new site features, product launches, etc through e-mail, SMS, phone call, physical mail etc.
The Site may include certain services that may be available via your mobile phone, such as alerts and information. By using or registering for these the Mobile Services, you agree that we may communicate with you regarding Masterminds and other entities by SMS, WHATSAPP, MMS, text message or other electronic means to your mobile device.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
You are solely responsible for your interactions with other Masterminds users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Settlement by Arbitration
Any claim or controversy that arises out of or relates to this agreement, or the breach of it, the same shall be referred to a person nominated by the Company whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by Masterminds from its offices located at Mumbai, India. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by laws applicable to jurisdiction applicable in Mumbai. In case of any litigation it is agreed by both the parties that only courts in Mumbai will have exclusive jurisdiction to try any matter to the exclusion of all other courts.
You may also be subject to additional terms and conditions that may apply when you use other Masterminds services, third party content or third party software.
Terms of Sale
These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on www.mastermindscompetition.com.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
Purchase Qualifications; Account Security
Termination by you: You may, at any point in time, choose to terminate your subscription to a service by sending us a mail. Such termination will not change any amounts due to us.
Termination by Masterminds: Breach of any of the terms of this Agreement constitutes a termination of the Agreement. Any and all amounts due under this Agreement shall survive the Term of this Agreement.
If you fail, or Masterminds suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Masterminds with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Masterminds, after notice to you, may terminate your subscription and/or your Account.
No refunds will be issued for early Termination.
Because use of the Service involves hardware, software, and Internet access, your ability to use the Products/Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
- Supported Operating Systems: Windows
- Browsers Supported: Chrome, Firefox
Payment Method and Terms
We currently accept the following forms of payment:
- For online payment:
- Credit cards and certain Debit cards
- Direct Debit of accounts with certain banks
Note: By submitting an order through Masterminds, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. The payment gateway and net-banking channels may not belong to Masterminds and you agree to abide by the rules and regulations and terms prescribed by such third party in the process of facilitating your payment through the said payment gateway and net-banking channels.
Payment through Cheque/DD: Please courier the cheque/DD to Masterminds, Sterling Towers, 30 Nesbit Road, Mazgaon. Mumbai - 400 010. Please write your name, and address on the reverse of the cheque/DD. Also, please mention contact details (phone number), and account with Masterminds when sending a cheque/DD. Payments made by cheque are subject to realization of cheque, and your purchase of product/service will be effective after the realization.
All payments are to be made in Indian Rupees.
With respect to services purchased through the Site, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Masterminds will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
We attempt to be as accurate as possible and eliminate errors on the Site, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.
PERSONAL INFORMATION AND PRIVACY
Products and services are provided or sold "as-is" and the company disclaims any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The company cannot guarantee and does not promise any specific results from use of products or services. Company does not represent or warrant that products, services or any part thereof, are accurate, complete, reliable, current or error-free or that products or services that are downloaded from the site are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or materials and use industry-recognized software to detect and disinfect viruses.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
Masterminds may send you notice with respect to Products/Services by sending an email message to the email address listed in your www.mastermindscompetition.com contact information, by sending a letter via postal mail to the contact address listed in your www.mastermindscompetition.com contact information, or by a posting on the website. Notices shall become effective immediately.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure which shall include any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout individual action, fire, flood, drought, tempest or other event beyond the control of either party.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.