a. “Mentor” means and refers to mentor/ domain expert, an individual registered on the Application and who may avail the Services;
c. “Services” shall mean and refer to:
- access by Users of the Application in order to attend and participate in the sessions and access the articles, content, collections, courses, blogposts and write – ups that may be featured on the Application and/or the functionalities available on the Application;
- access of the Application by the Mentors in order to conduct sessions, create, upload or modify the Mentor Content on the Application either independently or using the functionalities available on the Application;
d. “User” means and refers to Mentee, an individual, registered on the Application who may avail the Services;
e. “Account” means an account created by the Users or the Mentor to avail the Services;
f. “Mentor Content” means information including sessions, session recordings, videos, content, collections, courses, articles, blogposts, write – ups which are created and uploaded by the Mentor on the Application;
g. “User Content” shall include information, content provided by the User including any inputs provided by a User during the session and any session interactions between the Users and the Mentors;
h. “Information” shall mean any information provided by the User or the Mentor including but not limited to name, date of birth, telephone number, email address and location, designation for the creation of an Account or otherwise for the purpose of availing/accessing the Services.
Part A: Terms applicable to the Mentors and the Users.
1. Access to the Application:
- You understand that for the purpose of Services through the Application you will be required to create an Account and provide accurate information including Information for the purposes of registering you as a use.
- You represent that you have all rights required to provide the information that you have provided to the Application, including the Information and represent that they are true and accurate.
- You will be solely responsible for your acts on the Application including those conducted under the username assigned to you, using your Information.
- You understand that for the purpose of promptly receiving information, other updates and correspondence from the Application, you will be required to provide accurate Information.
- Advaith may in its sole discretion permit or deny your attempt to access or use the Application and you waive any right to claim access to or use of the Application or any other claim that you may have. Any data of your usage may be retained or deleted at Advaith’s sole discretion in accordance with the applicable laws.
- You understand that the Application shall adhere to reasonable security measures deemed to be appropriate by Advaith for the provision of the Services, including, without limitation, using reasonable measures to secure your information (including Information) from unauthorized access and modifications. Such security measures shall be no less stringent than the measures used by Advaith to secure its own information. You will not take any action that will cause a breach of the security measures used by Advaith.
2. Permitted Uses:
- You will use the Application, the features and functionalities of the Application, any information available therein and avail the Services in accordance with these Terms and all applicable laws and regulations.
3. Prohibited Uses:
In relation to the use and access of the Application, its content and features, you agree and undertake not to:
(a) upload, modify, transmit, publish, update or share:
- any information or material on behalf of a third party, including any information of any person other than you that you do not have a right to disclose due to contractual confidentiality obligations or fiduciary duties, and more specifically, you will not impersonate another person;
- any information or material that violates any law for the time being in force, harms minors in any way, deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature, defames, harasses or threatens others, contains obscene (i.e., pornographic) language or images;
- any viruses or any other computer code, files or programs or other malware, designed to corrupt, interrupt, limit the functionality of, destroy or otherwise impact either the Application and/or Advaith’s computer systems/security measure, or the phone system of other Users or Mentors or third-party systems;
- any information infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets;
- any information which otherwise harms other Users, other Mentors or visitors to the Application;
- any information which probes, scans, or tests the vulnerability of any system or network;
(b) violate the privacy of any person;
(d) use the Application for any unauthorized marketing purposes or for sending any unsolicited materials;
(e) Re – sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services.
- You have no right to use any search mechanisms other than that provided on the Application and you will not use any web-crawling application or any data harvesting tools to harvest data of any sort from the Application.
- The Application and any content or information therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, any implied warranties of merchantability, error- free, fitness for a particular purpose, or non-infringement. Advaith does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the content of Advaith. Advaith does not warrant that the Application will operate in an uninterrupted or error-free manner or that the Application is free of viruses or other harmful components.
- Advaith does not make any representation regarding your ability to upload, modify, update, transmit and/or receive information from or through the Application, and you agree and acknowledge that your ability to access the content made available on the Application may be impaired.
- Advaith disclaims any and all liability resulting from or related to such events or the access or use of the online courses/sessions made available on the Application or any information or services related to them.
- You expressly release Advaith and where applicable its trustees, officers, employees, authorized representatives and agents and representatives from any cost, damage, liability, or other consequence of any use of the Application by you.
- You understand and acknowledge that it is at your own discretion and based on our judgment that you transact on the Application.
- Advaith reserves the right to remove any content including Mentor Content or User Content on the Application.
- The Application may contain links to third party platforms. Advaith shall not be responsible in any manner for the contents of these third-party platforms and if you should choose to use the link to view the third-party platforms, you choose to do so at your own risk.
- You hereby understand and acknowledge that any such advice and guidance given on the Application is for educational purposes only and the same is prepared without taking into account your circumstances, objectives, and/ or personal needs.
7. Price/ Usage fee:
The access to the Application and the usage of content will be free of cost
8. Limitation of Liability:
In no event shall Advaith be liable to the User, Mentor and any third party, for any loss of profits (anticipated or real), loss of reputation, loss of data, or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.
Please provide your name, email address, physical address and contact numbers so that Advaith may be in a position to verify details or check the authenticity of the complaints.
Part B: Additional terms Applicable to Mentor(s)
- The Mentor Content generated by a Mentor shall be owned by and shall belong to the Mentor. Subject to the license granted in Clause 1(c) in Part B, all intellectual property rights with respect to the Mentor Content shall vest solely with the Mentor.
- The Mentor hereby, as a Mentor grants every User, and Advaith a license under Creative Commons, namely the CC-BY-4.0 International License or such other Creative Commons International License as maybe expressly stated by the Mentor in any Mentor Content (“Applicable Creative Commons License”) uploaded by the Mentor.
- The Mentor shall have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Application save with respect to Mentor Content that belongs to the Mentor.
- Without limiting the Disclaimers stated under Clause 6 of Part A, Advaith does not warrant that the integrity of the Mentor Content uploaded or created by the Mentor will be maintained or that by licensing to the Mentor the right to create/ upload Mentor Content on the Application, it is endorsing any of the Mentors views.
- Advaith does not assume responsibility for any Users and their use of the Mentor Content or compliance with the license terms detailed hereinabove. To the maximum extent permitted by law, the Mentor hereby releases Advaith from any claims (including future claims) that the Mentor may have in respect of any other user infringing any intellectual property rights in the Mentor Content.
Part C: Additional terms Applicable to User(s)
1. Intellectual Property:
- The User Content generated by a User shall be owned by and shall belong to the User. All intellectual property rights with respect to the User Content shall vest solely with the User.
- You, as a User shall grant Advaith, an Applicable Creative Commons License to use any User Content.
- User(s) hereby expressly acknowledges that the Mentors, Advaith, its staff, are not rendering personal advice and have no expertise in determining the effect of the User following any advice that may be featured in the content of the Application. User(s) further acknowledge that Advaith will be in no way responsible for any risk/outcome/results associated with using/following/relying on the Mentor Content, that the User may access/view/subscribe to on the Application and that the User will be solely responsible for the same.
- Users hereby understands and acknowledges that any such advice and guidance is for general informational purposes only and the same is prepared without taking into account your circumstances, objectives, and/ or personal needs.
- Without limiting the Disclaimers stated under Clause 6 of Part A, Advaith does not warrant that the content made available on the Application will meet the User’s requirements or expectations or achieve the intended purposes.
Part D – Miscellaneous (applicable to the User and the Mentor)
- Force Majeure: In no event shall Advaith be liable for any acts beyond its control or for any acts of God.
- Access: Advaith does not make any claim that the Application and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with laws applicable to you.