Effective from February 1, 2023
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at [email protected]
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
INTRODUCTION TO MENTOR MATCH PRIVATE LIMITED
Mentor Match is an education technology app/website that helps middle school students, high school students, and aspirants for competitive exams (“Learner”) connect instantly with expert mentors and tutors (“Mentor”) through a one-on-one video (“Session”) call to solve doubts in a specific domain or subject. A written solution for the doubts is shared with the students after the video call ends. Mentor Match bridges the gap by connecting learners with mentors and helps students complete chapter revisions, solve doubts, their syllabus, provides study tricks and tips, gives ten minute concept explanations, and conducts live classes. (“Services”).
ELIGIBILITY & ACCESS RESTRICTIONS
To be eligible to access our Website or App, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are accessing the website with parental consent if you are younger than 18 years of age; (c) not currently restricted from accessing our Website or App, (d) are not our competitor, or are not accessing our Website or App for reasons that are in competition with us; (e) will only maintain one registered account at any given time; (f) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (g) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (e) agree to provide at your cost all equipment, browser software, and internet access necessary to access our Website or App.
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access our Website or App to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website or App and content made available in or otherwise accessible through our Website or App, strictly in accordance with this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon our Website or App, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or App, except as expressly permitted in this Agreement. When using and accessing our Website or App, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS TO OUR WEBSITE OR APP. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO MENTOR MATCH PRIVATE LIMITED FOR THE ABILITY TO ACCESS OUR WEBSITE OR APP.
ACCESS AND SERVICE RESTRICTIONS
You agree that Website, App, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Mentor Match and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted access to the Website or App or in any manner that is inconsistent with the terms contained in this Agreement. Mentor Match will use commercially reasonable efforts to provide access to our Website and App in accordance with these Terms.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website or App, in any manner, and you will not exploit our Website or App in any unauthorized way whatsoever, including but not limited to, accessing our Website or App to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to access our Website or App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of accessing our Website or App.
RESERVATION OF RIGHTS
You acknowledge and agree that our Website and App are provided for your use. Except to the extent necessary to access our Website or App, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website or App, whether expressly, by implication, estoppel, or otherwise. Mentor Match and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website and App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You can access and use our Website at https://mentormatch.com/ and our Apps at Google Play Store or Apple App Store to download the App.
Our Website and App may currently be accessed at no cost. However, to use our Services, you shall be charged Fees as defined in our Terms of Service. In the event we change this in the future, we will communicate such change to you in accordance with Section 19 of these Terms.
REQUIRED CONDUCT AND PROHIBITED CONDUCT
As a condition to access our Website or App, you agree to this Agreement and to strictly observe the following:
- Required Conduct
- Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
- Provide accurate information to Mentor Match and update from time to time as may be necessary;
- Review and comply with notices sent by Mentor Match, if any, concerning our Website or App.
- Prohibited Conduct
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website or App (excluding any user content);
- Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website or App, or any part thereof;
- Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive with us;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by MentorMatch unless you have entered into a written agreement with us;
- Adapt, modify, or create derivative works based on our Website or App or technology underlying our Website or App, or other users’ content, in whole or in part;
- Rent, lease, loan, trade, sell/re-sell access to our Website or App or any information therein, or the equivalent, in whole or part;
- Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
- Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
- Use automated methods to add contacts or send messages;
- Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
- Attempt to or actually access our Website or App by any means other than through the interface provided by MentorMatch;
- Attempt to or actually override any security component included in or underlying our Website or App;
- Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website or App, including those of both MentorMatch or any of our licensors;
- Use any information obtained from our Website or App to harass, abuse, or harm another user; or
- Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.
- Required Conduct
You understand and agree that you may receive information and push notifications from Mentor Match via email, our App, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not MentorMatch.
- Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your access to our Website and App.
- You agree to indemnify, defend, and hold Mentor Match and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Mentor Match and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.
Your access to our Website and App or any content are at your own risk. You understand and agree that our Website and App are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website or App or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to our Website or App or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website or App; and (iv) whether our Website or App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website or App, will create any warranty or representation not expressly made herein.
MENTOR MATCH DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE OR APP, BUT MENTOR MATCH WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL MENTOR MATCH BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND MENTOR MATCH SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.
LIMITATION OF LIABILITY
You acknowledge and agree that, in no event will Mentor Match be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the access to, or the inability to use, our Website or App, including, without limitation, any information made available through our Website or App pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the access to our Website or App. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that Mentor Match may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Mentor Match’s liability will be the minimum permitted under applicable law.
COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website or App violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our Website or App that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Mentor Match’s Copyright Agent to receive DMCA Takedown Notices is Rohit Raheja, [email protected], at Mentor Match Private Limited, Attn: DMCA Notice, Tirupathi Apartments, Apt.No.K, Ground Floor, No.51/22, Venus Colony 2nd Street, Alwarpet, Chennai-600018. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Mentor Match in connection with the written notification and allegation of copyright infringement.
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website or App in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website or App to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.
We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email, on our Website or App by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued access to our Website or App shall constitute your consent to such changes.
RELATIONSHIP OF PARTIES
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind Mentor Match to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of Mentor Match.
This Agreement shall be governed by the law of the Republic of India, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the courts located in Chennai Tamil Nadu, India for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 20
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.