Terms & Conditions
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The internet resource www.mindparkour.in, the MindParkour Web and Mobile Applications (android and iOS)and the MindParkourServices therein (hereinafter referred to as the “Platform” is owned by Mind Parkour India Private Limited, having its registered office at #321, Mathrusree Orchid homes, Kempapura Road, Bangalore – 560037(hereinafter referred to as “Company/MindParkour”). This document in its present form is the property of the Company, its subsidiaries and assigns as may be created from time to time.
By accepting these Terms, you are entering into a legally binding Agreement (“Agreement”) with us.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
These Terms, along with the others found on our Platform, include our policy for acceptable use of the Platform, its content, the content posted on the Platform, your rights, your obligations, as well as restrictions regarding your use of the Platform.
When you access, browse, or use the Platform, you accept, without limitation or qualification, the terms and conditions set forth herein. When you access or use any of the Services, you will be subject to the rules, regulations, policies and all applicable terms and conditions which shall be deemed to be incorporated into and be a part and parcel of these Terms. When you access any sub-site or any other mobile application (whether belonging to an ‘associate’ of the company or otherwise) through this Platform, such sub-site or mobile application may have its own terms and conditions, which are specific to thereto.
We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.
So long as you comply with these Terms, and the Service specific Terms, the Company grants you a non-exclusive, non-transferable, limited right to enter, view, and use this Platform and/or avail Services.
“Account” shall mean the account created by the Customer on the Application for availing the Services provided and facilitated by MindParkour.
“ApplicableLaws” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, government approval, directive, guideline, or any interpretation, policy or administration having the force of law in India, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter, and the word “Laws” shall be construed accordingly.
“Application” shall mean the mobile application “MindParkour” as updated by the Company from time to time.
“Content” shall mean any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.
“Course” shall mean the educational courses made available through the Platform.
“Customer/ You/ User” shall mean the natural person who has gained access to the Platform by providing Registration Data while registering for Services.
“Intellectual Property Rights” shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.
“Registered Users” shall mean the users that have registered on the Platform by creating an account and furnishing Registration Data.
“Non-Registered Users” are the users who have not registered on the Platform but may access some limited information.
“RegistrationData” shall mean the mandatory and optional data that is submitted by Users as may be required by the Company from the Users from time to time for registration.
“Service(s)” shall mean the servicesprovided and facilitated by MindParkourthrough the Platform, including without limitation, the Courses.
“Service/Course Fee” shall mean such amount in Indian Rupees, which is reflected on the Platform, as the consideration payable to the Company for the access availed by the User.
“Trainer” shall mean a member who has been selected by the Company to provide services through the Platform.
“YourContent” shall mean any content submitted by way of registration or in connection with use of the Platform or for availing Services.
“MindParkour” or “us” or “we” or “our” shall mean MindParkourIndia Private Limited.
Features/Functionalities of the Platform
The Company offers the following features for Registered Users
- Buy the course of their choice from the basket of available Courses;
- Take the assessments available for the Courses and modules;
- Receive a Course completion certificate by completing the Course and scoring a minimum of 70% on the assessments;
- Have virtual session with the Trainers; and
- Generate and share Performance reports;
The Company offers the following features for Non-Registered Users
A Non-Registered User may use the Platform to view a Trainer’s profile containing their name, qualification, experience, specialization, Courses, Course fees, etc.
You must be of legal age to enter into a binding agreement in order to accept the Terms.
Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Platform.
If you are below 18, your parent or guardian shall create yourAccount and help you enrol in Courses. By accessing or using the Platform, you represent and warrant that you are 18 years or older.
Registration as a User
The browsing of the Platform, including the Services offered therein, is available to registered Users.
In the event you are registering on the Platform you are required to provide accurate and complete information sought by MindParkour. As part of the registration process, you will provide and verify your e-mail address, name, mobile number,highest education, place of residence, as well as the place of study(“Registration Data”). Your account id and passwordform your credentials for accessing your account and the Services and must not be shared with any other natural or legal person.
You represent and warrant that all information you supply to us, about yourself, and others, including Registration Data, is true and accurate.If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.
By providing Registration Data, you agree to undergo a Registration Data verification process which may include you providing One Time Password / OTP to verify your e-mail id using the verification link sent to the e-mail address you provide as part of Registration Data.
In the event you find any content on the website which you deem is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, against any religious beliefs, spam, potentially infringing or is not authorized by the intellectual property rights owner or is violative of any applicable law, you are requested to report such content to [●]. On receiving such report, the company reserves the right to investigate and/or take such action as the company may deem appropriate.
You are allowed to create and operate only one Account using the Registration Data. In case You are unable to access Your Account, or suspect any unauthorized use of Your Account,please inform Us at [●] and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the resolution of your request.
You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned, or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
If your Account has been compromised or we have reasonable grounds to suspect that your Account has been compromised, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.
- MindParkour will list various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the sessions and pricing and related rules and financial terms on the Platform, and allows Users to enrol in Courses offered by the Trainers.
- With respect to the Platform, the User acknowledges that MindParkour may display/provide you with a list of Courses/Trainersthat may be suitable, based on the information that you provide. The display is an automated computation of the various factors including inputs made by the Users. Such factors may change from time to time, in order to improve the display algorithm. You are ultimately responsible for choosing the Courses you wish to avail.
- MindParkour selects Trainersto be featured on the Platform based on the information provided by such Trainer, which may not have been verified by MindParkour, and does not recommend or endorse any Trainerthat may appear on the Platform.
- We may but shall be under no obligation to have information provided by the Trainers, including Course content, reviewed by our editorial personnel. It is hereby expressly clarified that, the information that you obtain or receive from MindParkour, and its employees, contractors, partners, advertisers, licensors or otherwise is for informational purposes only.
- MindParkour shall in no way liable for any deficiency of service that may arise which includes but is not limited to, services not meeting expectations of the User, or negligence by the Trainer. You agree that you waive any claims against MindParkour in this regard, and to the extent such waiver may be ineffective, you agree to release any claims against MindParkour relating thereto.
- By using the Platform or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or Trainersshall be limited to a claim against the particular Users/Trainers alone. You agree not to attempt to impose liability on or seek any legal remedy from the Company with respect to such actions or omissions.
- You shall not use the Services in contravention of the law. In the event you do so, you shall be liable to pay a fine and we shall additionally have the right to take such steps as may be available to us under Applicable Law, including suspension or termination of your Account.
- MindParkour reserves the right, at any time and without prior notice, to remove or disable access to any User for any reason, that MindParkour, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform or the Services.
- You release and indemnify us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users/Trainers on the Platform and specifically waive any claims that you may have in this behalf under any applicable law.
- We will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the services by MindParkour jointly and/or severally with the party/parties in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
- In the event you have concerns over any Trainerservice you have availed or the Trainerthat has provided the service to you, you shall report such concerns to us within 7 (seven) days of the happening of the event/issue through the Complaints Policy as set forth in these Terms, failing which, such concerns will not be addressed. Any issue reported on channels other than the above may be addressed by MindParkour only on a best-effort basis.
Disclaimer: DUE TO SOME TECHNICAL ISSUES, TYPOGRAPHICAL OR HUMAN ERRORS, IMAGES, POSTS, VIDEOS,COURSES, COURSE DESCRIPTIONS, PRICES, USER/TRAINER DETAILS,AND ANY INFORMATION RELATED TO USERS/TRAINERS/COURSES OR CONTENT MAY BE INCORRECTLY REFLECTED ON THE PLATFORM. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE RELIANCE PLACED ON SUCH INCORRECT INFORMATION. WE ASSUME THAT THE TRAINERS LISTED ON THE PLATFORM ARE AUTHENTIC AND ACCURATE AND THAT USERS HAVE THE AUTHORITY TO CARRY ON THE TRANSACTIONS ALLOWED, FACILITATED, OR OTHERWISE ACCESSIBLE ON OR THROUGH THE PLATFORM.
Course Fees, Additional Services
- You may make payments of the Course Fees for the Courses through the Platform.
- You may, from time to time, make payments to us as part of your use of MindParkour services (including for the provision of MindParkour or provision of certain additional features within MindParkour).
- We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments).
- You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of items and products are subject to change.
- At the end of each purchase, MindParkour shall provide You with a receipt of the total Fee which will include any Additional Fee and/or Cancellation Fee payable by you towards a previous transaction.
- Subject to mandatory applicable laws and regulations or as otherwise specified by us for a particular item or product within MindParkour, in no circumstances will we be required to provide a refund for any payments made by you to us in relation to any items or products within MindParkour (whether used or unused).
- Further, you agree that we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
To process financial transactions, we may use third-party electronic payment processors or service providers (ESPs). You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
Any information entered by the User when transacting on the Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by, or retained by the Company in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The User is hereby expressly made aware that his/her financial statements will reflect that a payment has been made in favour of the Company. The User is further aware that in case of Third-Party statements including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.
Users are requested to provide valid, accurate and complete information about your identity, payment account details (Card information, Bank account information, and wallet credentials), Biller information and the payment information (payment amount and transaction description). The Company reserves the right to terminate User account or refuse your current and future use of Service in case your information found suspicious.
The Company assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction owing to any one or more of the following circumstances;
- If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid.
- If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
- If your bank or the wallet service refuses or delays honouring the Payment Instruction(s)
- If payment is not processed by biller upon receipt.
- If the User crosses transaction limit/amount limit decided by wallet services, payment gateways and banks.
- Circumstances beyond the control of the Company, including natural calamities, issues with payment system, power failures etc.
If money gets deducted from the Usercontrolled account/wallet and the payment is not reflected in the User’s account pertaining to the Platform, the User is requested to contact us at [●]. Your payment will be reflected within 48-72 hours if the transaction is successful at the payment gateway partners. If your payment status is not updated in the given time frame, please contact the bank for further enquiries. The Company does not take responsibility for such cases and payment will reflect in your bank account as per relevant Bank’s policies.
You are a restricted user of this Platform.
You are bound not to cut, copy, distribute, modify, recreate, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform are hereby expressly prohibited.
In places where this Platform allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. In the event you are asked to review any service, you agree to be fair, accurate and non-disparaging while leaving comments, feedbacks, testimonials, or reviews on or about the services.
You undertake not to host, display, upload, modify, publish, transmit, update, or share any information that:
- belongs to another person and to which the user does not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright, or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or
- 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 any other nation.
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Platform or the servers and networks which are connected to the Platform;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, distribute, or otherwise make available content that contain viruses, corrupted content, or any software or program that may damage the operation of the Platform or another’s operation of the Platform;
- Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of the Platform, including any User Account not owned by you, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, as provided for by the Platform;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform, or any affiliated or linked sites;
- Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this section;
- Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Publish, post, disseminate information that is false, inaccurate, or misleading;
- Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers/service providers.
- You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
- You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
- You will provide MindParkour with such information and documents which MindParkour may reasonably request;
- You will only use an authorized network to avail the Service; and
- You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
We reserve the right to immediately terminate the Service and the use of the Platform in the event of non-compliance with any of the above requirements.
We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons.Communications
By using this Platform, you consent to receiving calls, messages, videos, instant messages, images, and data from us, and/or Trainers at any time, on the telephone number / contact information you have provided.
You also agree that we reserve the right to make your details available to our affiliates and partners and you may be contacted by the affiliates and partners for information and for sales through email, telephone and/or SMS. You agree to receive promotional materials and/or special offers from us through email or SMS.
The consent to be contacted is for purposes that include but are not limited to clarification calls and marketing and promotional calls.
You agree and permit MindParkour to share any information provided by You with other Users or third parties in order to facilitate provision of services offered by such users of third parties to You. You hereby expressly consent to receive communications from MindParkour / other users, or third parties offering services to You through Your registered phone number and/or e-mail id and/or the Platform. You agree that You will not hold MindParkour responsible for any such communications, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
Trainer Information and Course Content
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is prohibited.
Intellectual Property Rights
This Platform and the Information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, but excluding User Content and Trainer Content, is the sole and exclusive property of the Company and/or its licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary.
You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the company’ proprietary information.
There are a number of proprietary logos, service marks and trademarks found on this Platform whether owned/used by the Company or any other third party. By displaying them on Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks.
From time to time, the Company may post comments or articles on the Platform. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, amending, or editing such articles. In the event you have an issue with any article so posted, you may report the same via mail and we may look into it. We are under no obligation to remove such articles and the final decision lies with us.
We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.
We give you permission to use the aforementioned content in accordance with these Terms and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever, save as set forth in these Terms. The Company does not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by the Company are retained by the Company.
From time to time, our Platform may have external links connected to other websites of Third Parties. We are in no way liable for the information found on the external websites. External websites may have their own policies and we are in no way responsible for any loss or damage cause by them to you. You are advised to use your own discretion in the navigation and use of external websites.
Infringement of IPR
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation, and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact [●].
Your ContentWhen you submit, upload, transmit or display any data, information, photograph,video, text, resume or other content in connection with your use of MindParkour, you understand and agree that:
- you will continue to own and be responsible for Your Content;
- your Content will be shared with other users of MindParkour;
- you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve MindParkour and our other services, including new services that we may provide in the future;
- in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide by all distribution methods, including those that are developed in the future;
- we may share Your Content with third parties that we work with to help provide, promote, develop and improve MindParkour, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to MindParkour);
- we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
- you will comply with these Terms in your submission of Your Content.
- You are prohibited from posting and agree not to post any prohibited content as determined by company, in its sole discretion and which includes, without limitation: Sexually Explicit Material, Violence and Bullying, Hate Speech, Sensitive Events, Unlawful Activity, IP Infringement.
You grant MindParkour, its affiliates and concerns a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to store, display, reproduce, and distribute your User Content on the Platform for the purposes of operating, developing, providing, and using ourServices. Nothing in these Terms shall restrict other legal rights we may have to User Content under other licenses. We reserve the right to remove User Content for any reason, including a violation or an apparent violation of these Terms or our policies, as we may solely determine.
Following termination or deactivation of your account, or your removal of any User Content from the Platform, we may, but shall not be bound to, retain such Content for a commercially reasonable period of time for backup, archival, or audit purposes. It is specified that the Company shall have the right to remove all User Content following termination or deactivation of your account.
- are allowed to retain and continue to use Your Content after you stop using MindParkour – for example, where you have shared Your Content with other users of MindParkour;
- may be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
- may need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of MindParkour.
You understand that even if you seek to delete Your Content from MindParkour, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via MindParkour.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
Disclaimer of Warranties and Liabilities
WE PROVIDE THE PLATFORM AND THE SERVICES ‘AS IS’, ‘WITH ALL FAULTS’ AND ‘AS AVAILABLE’. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY USER/TRAINER OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE, OR PLATFORM ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OR OBTAINED BY YOU FROM OR THROUGH US OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Indemnification and Limitation of Liability
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS, BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PLATFORM, SERVICES OR MATERIALS.
WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS UNDER THIS USER TERMS, IF THE PERFORMANCE IS PREVENTED, HINDERED OR DELAYED BY A FORCE MAJEURE EVENT AND IN SUCH CASE OUR OBLIGATIONS UNDER THIS USER TERMS SHALL BE SUSPENDED FOR SO LONG AS THE FORCE MAJEURE EVENT CONTINUES.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MINDPARKOUR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF RS. 1000/- (RUPEES ONE THOUSAND ONLY).
IF APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY EXCLUSIONS AND THE EXTENT OF THE LIABILITY OF MINDPARKOUR SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Term, Termination, Survival
This Agreement shall become effective from the date of registration of the User account and shall continue in effect thereafter unless terminated as set forth below:
You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Platform. You can close Your Account at any time by following the instructions on the Platform.
MindParkour is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Platform and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of MindParkour, misuse the Platform or the Service. MindParkour is not obliged to give notice of the termination of the agreement in advance. After termination MindParkour will give notice thereof in accordance with these User Terms.
Termination of this agreement will not prejudice accrued rights of either MindParkour or You
Any terms or conditions of this Agreement which by their express terms extend beyond termination or expiration of this Agreement or which by their nature will so extend will survive and continue in full force and effect after any termination or expiration of this Agreement.
Subject to Your compliance with these User Terms, MindParkour grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Platform.
Upon download and installation of the mobile application, you grant the following permissions to the application to perform the following actions on the device you have installed the application on:
- to retrieve information about the device;
- to retrieve information about other applications running on the device the application has been installed on;
- to access information about accounts on the device;
- to read from, write on, modify, and delete data pertaining to contacts on the device;
- to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
- to determine your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
- to determine your exact location from sources such as, but not limited to GPS;
- to access the model number, IMEI number and details about the operating system of the device the application has been installed on, as well as the phone number of the device;
- to detect when the device had been switched off and switched on and to identify the status of the device;
- to read from, write on, modify, and delete data pertaining to the application on the device’s hard disk and/or external storage;
- to read from, write on, modify, and delete data pertaining to Photos / Media / Files on the device’s hard disk and/or external storage;
- to access the camera on the device and record photographs and videos;
- to access the microphone on the device and record audio;
- to access and change the display and sound settings of the device;
- to capture audio output;
- to interact across users on the device;
- to pair with Bluetooth devices;
- to run at start-up of the device;
- to draw over other apps on the device;
- to control vibration of the device; and
- to prevent the device from sleeping.
All disputes between the User and the Company arising from the use of the Platform by the User shall be resolved at the first instances, through emails, and in the second instance through mediation or negotiation, failing which they shall be referred to binding arbitration by a Sole Arbitrator. The Sole Arbitrator shall be jointly appointed by the Company and the User. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in Bengaluru, Karnataka,and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.
The Courts in Bengaluru, Karnataka, shall have the jurisdiction for all suits arising out of or in connection with this Agreement.
Any grievances, issues, queries, complaints, or information that you wish to communicate to us can be addressed to our Grievance officer at [●].
- The company reserves its exclusive right in its sole discretion to alter, limit or discontinue the Platform or any material posted herein, in any respect. The company shall have no obligation to take the needs of any user into consideration in connection therewith.
- The company reserves its right to deny in its sole discretion any user access to this Platform or any portion hereof without notice.
- If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
- No waiver by the company of any provision of these Terms shall be binding except as set forth in writing and signed by its duly authorized representative.
- From time to time, the Platform may automatically check the version of the mobile application installed on the device of the User and, if applicable, provide suitable updates (hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the application. By using the Platform, you authorize the automatic download and installation of Updates and agree to download and install Updates manually, if necessary.
- MindParkour reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms.
- MindParkour shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when MindParkour last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. MindParkour may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
- MindParkour may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in MindParkour’ account information.
- We may translate these Terms into multiple languages, and in the event where there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).