Terms and Condition
Introduction—This web page lists all the “Terms & Conditions” that apply to all the users of the website “www.mindfiestaplus.com”. Any prospective party/user in form of students, academicians, educational institutions / consultants, and/or any other stakeholders need to comply with this agreement before accessing this web site. Any party/user not complying with this agreement must not access the website “www.mindfiestaplus.com”. Please read this web page carefully before accepting “Terms & Conditions” document.
Contracting Agreement—The contracting agreement applies to all the parties/users including students, academicians, educational institutions / consultants, and/or any other stakeholders. The acceptance of Terms and Conditions (that may be amended by the Company at any given time) form a contracting agreement (the “Agreement”) between the party/user (intending to access the website “www.mindfiestaplus.com”) and the Company. The agreeing party/user is advised to visit this page periodically to review Terms and Conditions. The party/user accessing the website “www.mindfiestaplus.com” hereby indicates the acceptance of the Terms and Conditions formed or presented by Anukaanchan Solutions Private Limited (the “Company”). The party/user accessing the website “www.mindfiestaplus.com” agrees for the usage of the same at his/her/or their own risk.
Privacy Policy—The Company confirms that it does not share or reveal information of its users (students, academicians, educational institutions / consultants, and/or any other stakeholders) accessing website “www.mindfiestaplus.com” to any third party organization/vendor.
The website “www.mindfiestaplus.com” implements server sessions to track the user’s login status. Any data stored or held during these sessions by the Company is used for the sole purposes of running the services and/or website “www.mindfiestaplus.com” and/or by the websites of the Company. Any such information stored and/or held is not shared or revealed to any third party organization and/or vendor or any entity in any form.
The Company recommends all the parties/users not to disclose or reveal or share information in any form that may be misused by any third party. The Company shall not be liable or responsible, and cannot be held liable or responsible by any party/user accessing the website “www.mindfiestaplus.com” or any service(s) for any misuse or misconduct of personal information (credit card, bank account numbers, and/or any other personal information). It is the sole responsibility of the party/user accessing the website to maintain the confidentiality with regards to the information displayed on the website “www.mindfiestaplus.com”
Clause of “Eligibility”
The Company allows access to its website “www.mindfiestaplus.com”, in any manner, for the purpose of retrieving information, usage of its databases, and/or sharing of information online to users who are 18 years of age or above. The party/user agreeing to the Terms and Conditions and accessing the website “www.mindfiestaplus.com” claims not be a minor or less than 18 years of age. By accepting the Terms and Condition of the website “www.mindfiestaplus.com”, the party/user represents and warrants to the Company that he/she is 18 years of age or above and fully sane to use it.
Usage of Website “www.mindfiestaplus.com”
• Who should use this website—The website “www.mindfiestaplus.com” is built for the sole purpose of providing online education services. The website “www.mindfiestaplus.com” stretches its services and offerings primarily, but is not limited to, students, academicians, educational institutions / consultants. The party/user accessing the website “www.mindfiestaplus.com” shall either be students, academicians, educational institutions and/or consultants. Any other parties/users accessing the website “www.mindfiestaplus.com” in the form of consultants and/or other stakeholders are deemed to be using the services provided by the website “www.mindfiestaplus.com” for helping students and aspirants who aspire to prepare for medical, engineering, MBA, foreign & other competitive / entrance exams to meet their objectives. Further, the website “www.mindfiestaplus.com” should only be used for lawful purposes under the Terms and Conditions as stated by the Company in the website “www.mindfiestaplus.com”. The Company is the sole interpreter of the intended and acceptable use of the website “www.mindfiestaplus.com”.
• Acceptable use by the Parties/Users—The Company hereby grants the students, academicians, educational institutions / consultants a limited, terminable, and non-commercial right to access the website “www.mindfiestaplus.com”. The Company provides authority to the students, academicians, educational institutions / consultants to view and access only single copy of contents available on the website “www.mindfiestaplus.com”, solely for his/her/their own personal use. The student, academician, educational institution / consultant acknowledges that he/she is solely responsible for the contents of any document posted on the website “www.mindfiestaplus.com” and thereby any consequences arising from any such posting. The access of website “www.mindfiestaplus.com” is a privilege to students, academicians, educational institutions / consultants and the Company reserves the right to suspend/terminate that privilege/access for any reason, at any time, without giving any notice in its sole discretion. The students, academicians, educational institutions / consultants shall review the Terms and Conditions associated with each product and service offered to them by the website “www.mindfiestaplus.com”:
Further, the parties/users should agree to the following terms and conditions for the use of the service(s):
• The Company provides no guarantee or warranty that there would be a desired response after subscription of services by the user on the website “www.mindfiestaplus.com”.
• Any user submitting / posting information beyond specified limits, using same and/or several accounts shall entitle the Company to remove/cancel the account(s) without any notification to the intended user.
• Any account holder on the website “www.mindfiestaplus.com” shall only feed his/her information on the website. The account holder cannot and is not permitted to submit the information of person other than the “account holder” himself/herself.
• It shall be the sole responsibility of the user to use privacy settings options wherever it may seem fit to debar or stop any other party/user from accessing his/her information. The Company shall not be liable in case this information is accessed by any such users.
• The user using the services of the website “www.mindfiestaplus.com” does not claim any copyright and/or any Intellectual Property right over the data uploaded or posted by him/her on the website. It would become the intellectual property of the Company, once uploaded on this website.
• Any changes made by the user shall come into effect only after 48 hours of such changes/modifications on the website “www.mindfiestaplus.com”.
• The Company has the authority to remove or delete and/or edit any information from the user’s account while uploading/posting on the website “www.mindfiestaplus.com”.
• Any disputes arising for whatever reasons from or related to the website “www.mindfiestaplus.com” and/or its use shall be governed by the laws of India. The Courts at Rajkot in the state of Gujarat, India alone shall have the exclusive jurisdiction to hear and decide on any such dispute.
• The service is offered to the parties/users for their sole personal benefit. They are prohibited from using this service in any form for commercial purposes.
• The content and/or information provided in any form through this service on the website “www.mindfiestaplus.com” shall not be modified/edited/changed in any manner by the parties/users without prior written consent of the Company.
• Any usage of the material for non-personal and/or for any commercial purpose requires written consent/or permission of the Company.
• Acceptable use by the Parties/Users who are Academicians/Institutions/Consultants— The Company hereby grants the academicians and/or institutions and/or consultants a limited, terminable, and non-commercial right to access the website www.mindfiestaplus.com. The Company provides authority to the parties/users to view and access only single copy of contents available on the website “www.mindfiestaplus.com”, solely for his/her/their own private defined purpose and/or use. The Company restricts/prohibits the parties/users using the services and products of website “www.mindfiestaplus.com” for any commercial usage or sharing contents, services, or products of the website “www.mindfiestaplus.com” with any other person/entity without the written consent or agreement with the Company. The Company reserves the right to suspend/terminate the access of the website “www.mindfiestaplus.com” in case the parties/users are considered to have breached any of the terms and conditions. The parties/users shall review the terms and conditions that apply on the product and services offered on the website “www.mindfiestaplus.com”:
• Listing/Advertisement/Banners Display—The parties/users shall agree to the following conditions with regards to accessing Listing/Advertisement/Banners Display services. Please note that these services are accessible only upon subscription. The parties/users shall comply with the following terms and conditions before accessing the website “www.mindfiestaplus.com”:
• Any insertion under the aforementioned services displayed/listed on the website “www.mindfiestaplus.com” shall be listed for a fixed number of days, and is subject to change without any notice.
• The Company shall place the information relating to education field and/or for the benefit of the parties/users on the website “www.mindfiestaplus.com”.
• The Company holds all the rights to make any modification/edit/or change the details of the listing service(s) to fit the database.
• The Company provides no guarantee or warranty for satisfactory response with regards to any listing of the services on the website “www.mindfiestaplus.com”.
• The parties/users have no right to ask for any information about any party/user who might have subscribed/applied against any such service on the website “www.mindfiestaplus.com”. The Company shall be under no legal obligation to provide the parties/users with any such details under any of the aforementioned services.
• All such services intimated by the parties/users displayed on the website “www.mindfiestaplus.com” become publicly available and Company may at its sole discretion display these services on the website “www.mindfiestaplus.com”.
• The Company shall not be liable or responsible for the loss of any data technical or for any other reasons.
• The Company shall not be responsible for the loss of data due to reasons beyond its control like corruption of data, server breakdown, network failure, and/or but not limited to strikes, riots, civil unrest, tampering of data by unauthorized persons like hackers, war, or other natural calamities.
• The Company shall commence/render the aforementioned services only after it receives the full subscription amount/charges upfront either from the subscriber/or from a third party on behalf of the subscriber.
• Subscription of the aforementioned service(s) is not transferable, that is they are to be availed only by the person/entity subscribing at the start of the services, and not by any other person/entity.
• The Company reserves the right to change the look, feel, description, design, and categorization of any section or page of the website without providing any prior notice to the parties/users.
• Only one office of the parties/users shall be entitled for the services and/or products of the website “www.mindfiestaplus.com”. In case, other offices of the same corporate body want to access the services or products of the website “www.mindfiestaplus.com”, then they would be required to pay the additional subscription charges for the services.
• It shall be the sole responsibility of the parties/users to maintain the confidentiality of the password and account given by the Company to upload or post any information on the website “www.mindfiestaplus.com”. Any misuse or exploitation of the password and account leading to loss of information and/or any sort of damages shall be owned by the parties/users using the account on the website “www.mindfiestaplus.com”.
• Any disputes arising for whatever reasons from or related to the website “www.mindfiestaplus.com” shall be governed by the laws of India. The Courts at Rajkot in the state of Gujarat, India alone shall have the exclusive jurisdiction to hear and decide on any such dispute.
• For the subscriber seeking Listing/Advertisement/Banners Display services, the Company shall display or exhibit all the listing/advertisement/banners at all the relevant and/or specified locations on a rotation basis as specified by the subscriber.
Website Usage Restrictions—The Company restricts/prohibits the parties/users from usage of the website “www.mindfiestaplus.com” not to practice any of the following:
• The party/user accessing the website “www.mindfiestaplus.com” should not post or upload any incomplete, inaccurate, or false information in any form.
• The party/user should not post or upload any content that promotes/sells information about them.
• The party/user should not post or upload any content on the website “www.mindfiestaplus.com” that contains hyperlinks, HTML, hidden links that are irrelevant or are misleading.
• The party/user should not post or upload any franchise, club memberships, distribution, or any other business opportunity.
• The party/user should not send any unsolicited mails, faxes, or make unsolicited phone calls to the users of the website “www.mindfiestaplus.com”.
• The party/user should not restrict or prohibit any other user from accessing and enjoying any features of the website “www.mindfiestaplus.com”.
• The party/user should not post or upload any unlawful, threatening, abusive, pornographic, profane, obscene, vulgar, or any form of indecent information on the website “www.mindfiestaplus.com”.
• The party/user should not post or upload any information, software, or other material which violates or infringes on the rights of other users, including any material which is an invasion of privacy or publicity rights which are protected by the copyright, trademark, or other propriety rights.
• The party/user should not post or upload any form of information, software, text, or graphical information that contains viruses or other harmful component.
• The party/user should not alter, tamper, or delete any content or other form of communications of the website “www.mindfiestaplus.com” that is not his/her/their own.
• The party/or user should not halt/or disrupt the normal flow of communication of the website “www.mindfiestaplus.com”.
Intellectual Property Right—The Company owns all the rights of the contents, images, products, and services available on the website “www.mindfiestaplus.com”. All the contents available on the website “www.mindfiestaplus.com” in the form of texts, graphics, images, HTML codes, logos, buttons, icons, and software are protected under Indian Copyright Act. Except for the granted permission by the Company to the parties/users accessing the website “www.mindfiestaplus.com” of the desired content area, the company debars all its users from reproducing, modifying, displaying or using its contents for any commercial purposes. The use of content available in any form (graphics, text, or images) on the website “www.mindfiestaplus.com” should not be used in any other website or network computer environment. The Company is the sole proprietor of the trade mark Mindfiestaplusplus™. Any content printed or downloaded shall not be sold, licensed, transferred, copied or reproduced in whole or in a part in any manner or in/on any media to any person without the prior written consent of the Company. This restriction applies also to activities including, but not limited to transmission by any method, storage in any medium, system or program, display in any form and/or hire, lease, rental or loan.
Limitations of the Website “www.mindfiestaplus.com”
• Accountability—The Company in no way is accountable or liable for any information posted or uploaded in the form of documents, contacts, information or videos on the website “www.mindfiestaplus.com” by the parties/users accessing the website. The website “www.mindfiestaplus.com” solely acts as an online education service provider for its users. The website “www.mindfiestaplus.com” has no responsibility for communications held on the basis of information submitted by its users on the website. The website “www.mindfiestaplus.com” is not responsible for pre-screening of the documents submitted on its website in form of any content. However, if any request is submitted by the parties/users accessing the website “www.mindfiestaplus.com” of any document, which is not a part of this agreement, then the Company may investigate the concern, solely on its own discretion.
• Not Responsible for the Results—The Company does not guarantee or promise its parties/users to achieve their objective(s) on the website “www.mindfiestaplus.com”. The Company does not own any obligation whatsoever regarding the timeliness and effectiveness of the website in meeting the objectives of the users.
• Information Regarding Registration—The party/user intending to register with the website “www.mindfiestaplus.com” for its usage, shall be asked to submit or provide with some specific personal information including, but not limited to, a valid e-mail address (the “Information”). The Company owns the right to use such information for its own purposes. However, the Company will not disclose any information in form of personal address, e-mail, phone number, and/or any other information deemed personal to the third entity in any form to any organization/vendor or any other body, except to the extent appropriate or necessary to comply with the applicable laws or rules in any legal proceedings where usage of such information is deemed as necessary/unavoidable. The Company shall offer third party in form of organization/vendor or any other body the products and services for the users based on the preferences highlighted or identified by them. The offers may be made by the company and/or by the third parties. The Company does not provide any warranty or guarantee as to the quality and/or the nature of any third party products and/or services purchased through the website “www.mindfiestaplus.com”. Any such undertaking, representation, warranty, or guarantee on the purchased product and/or service shall be furnished solely by the provider of the applicable class, product, service, and/or material, as per the terms agreed.
• Registration and Password—The party/user accessing and/or wishing to access the website “www.mindfiestaplus.com” will be solely responsible for the safety and confidentiality of their account access information and passwords. The user shall be responsible for all the uses of the website registrations and passwords, whether or not authorized by the user. The usage/or sharing of password with any third party in any form is breach of Term and Condition Agreement, and may lead to suspension/termination of the account held by the user on the website “www.mindfiestaplus.com”. The party/user accessing the website “www.mindfiestaplus.com” shall notify the Company of any unauthorized use of its Account and/or password.
• Identification and Notification of the Claimed Copyright Infringement/Violation—In case any stakeholders (parties, users, vendors, suppliers, or competitors) believe that their copyrighted work has been posted or uploaded on the website “www.mindfiestaplus.com”, then please notify us with the following information:
• The description of the claimed copyrighted work and description of the activity that is claimed to have violated the copyright.
• Mentioning of the URL or specific location on the website “www.mindfiestaplus.com” where the identified material or activity claimed to be violation/infringement is located.
• A copy of statement explaining that you are sure that the content/material posted or uploaded on the website “www.mindfiestaplus.com” is not authorized by the copyright owner, any agent of the copyright owner, or the law.
• A copy of statement including, a statement by you, made under penalty of perjury, that the information provided by you is correct and accurate and that you are either the copyright owner, or are authorized to act on behalf of the copyright owner. With that annex the physical or electronic signature if either the copyright owner or the person acting on behalf of the same.
• Please mention your full name, address of contact, telephone number, mobile number if possible, and e-mail address where you can be reached within 24 hours.
You can reach out to the person designated as our special agent to receive notices of claims of copyright violation with regards to any material uploaded or posted on the website “www.mindfiestaplus.com”.
Indemnity—The party/user agrees to defend, indemnify, and hold harmless the Company and its employees including directors, officers, agents and employees from and against third party claims, actions on demands, including without limitation reasonable legal and accounting fees, alleging and/or resulting from or in connection with the use of the website “www.mindfiestaplus.com” by the user, any document posted or uploaded by the user, or in case the party/user accessing the website “www.mindfiestaplus.com” breaches this agreement. The Company shall use reasonable efforts to provide the intended party/user with the prompt notice of any such claim, suit, or proceeding, and may assist the user, at its own expense, in defending any such claim, suit or proceeding.
Discontinuation/Modification of Services—The Company reserves the sole and unilateral right to add, change and/or delete any of the products or services of the website “www.mindfiestaplus.com” at any given time for any reason whatsoever, including on account of business exigencies, regulatory or statutory changes and without giving any notice to parties/users , The Company shall not be liable to its users accessing the website “www.mindfiestaplus.com” in case the company exercises this right to add, modify and/or delete any content, product, or service available on the website.
Queries/Notification/Complaints/Suggestions—Any query, notification, complaints, or suggestions shall be sent to the Company’s address listed on the website, or submitted through the online form on the “HELP US IMPROVE” section of the website.
Payments of Services upon Termination—At any given time of this Agreement, if the party/user entering into the Service Agreement with the Company in which these Terms and Conditions have been mentioned/incorporated, breaches this Agreement or the Service Agreement with the Company, the Company shall reserve the right to receive all the payments from the party/user for the services used upto the termination period together with 50% of the remaining period of the Service Agreement.
Electronic Communications—When the party/user accesses the website “www.mindfiestaplus.com” or sends us e-mails, then the user is interacting with us electronically. The party/user intending to do so consents/agrees to receive communications/messages from the website “www.mindfiestaplus.com” electronically. The website “www.mindfiestaplus.com” may interact with the users of the website through e-mails or by posting notices on the website. The party/user accessing the website “www.mindfiestaplus.com” hereby accepts/agrees that all the agreements, notices, disclosures, and other communications transmitted to the users of the website electronically shall satisfy all the legal requirements that such communications be in writing.
Violation of Terms and Conditions—If the Company, in its sole discretion, determines or finds that a party/user has violated any of the Terms and Conditions contained herein, then the Company reserves the right to pursue, without any notice to such party/user, any of its legal remedies, including but not limited to the immediate deletion of any material from its website and/or cancellation of the User’s account and/or exclusion of any person(s) who is deemed to have violated the Terms and Conditions. In case, the Company finds that any posted or uploaded item and/or products and/or services on the website “www.mindfiestaplus.com” may create liability for the Company, then it may take any actions that are applicable and/or are deemed necessary to prevent, minimize, or eliminate such potential liabilities.
Security Rules—The party/user accessing the website “www.mindfiestaplus.com” is restricted/prohibited from violating the website norms, including but not limited to, a) accessing or attempting to access data or information that is not meant for the intended party/user, b) logging or attempting to log into the server that the party/user has no access/or authority of, c) attempting to probe, scan, or test the vulnerability of the system or any network confined to the website “www.mindfiestaplus.com”, or attempting to breach the security of the website without proper authorization, d) attempting to submit viruses, overloading, flooding, crashing, or harming the website “www.mindfiestaplus.com”, e) forging or attempting to forge any TCP/IP packet header or any part of the header information in any e-mail/or any other posting on the website. Any violation or infringement to break these security measures or rules may result in civil and/or criminal liability. The Company will investigate any such occurrences, and may cooperate with the law enforcement authorities to prosecute the accused/wrongdoers involved in such violations.
Force Majeure—The Company, in no way shall be liable or responsible for any interruption or delay in the use of the website “www.mindfiestaplus.com”, irrespective of any cause beyond its control like natural calamity.
Indian Law—The Agreement shall be governed under the Laws and Rules and Regulations as applicable in India. Any dispute arising out of or in relation to the use of the website “www.mindfiestaplus.com” or its products/services shall be heard and decided by the competent Courts at Rajkot in the state of Gujarat, India exclusively.
General—The Company is not responsible for any usage of the website “www.mindfiestaplus.com” or its products, and services outside India. Access of the website “www.mindfiestaplus.com” by certain people may be illegal in certain countries. The intended user accessing the website “www.mindfiestaplus.com” is responsible for compliance with the laws of respective State’s jurisdiction. These terms of use are governed by the internal substantive laws of the Courts of Law located at Rajkot in the state of Gujarat, India. All the disputes arising under this agreement shall be contested and/or settled in Rajkot in the state of Gujarat, India. In case any of the Terms and Conditions are found invalid or unacceptable by any Court of Law, as mentioned earlier, the invalidity or unacceptability of such clause shall not affect the validity or applicability of the remaining clauses of these Terms and Conditions, which shall continue in full force and effect. Except as expressly included in an additional agreement, the additional terms and conditions for areas of website “www.mindfiestaplus.com”, any particular “Legal Notification”/or Software License/or material on particular pages of the website “www.mindfiestaplus.com”, these terms and conditions constitute the entire agreement between the party/user accessing the website and the Company with respect to the usage of the website “www.mindfiestaplus.com”. No modifications or changes shall incur to these terms and conditions, except by a revised posting on this page, which may be without any notice and at the sole discretion of the Company.