These Mentor Terms of Service (“Agreement” or “Terms of Service”) are a legally binding agreement between you (the “Mentor,” “you,” or “your”) and Mentor Match Private Limited (“Mentor Match,” “we,” “us,” “our”), a company duly registered under the laws of India, having its principal place of business at Tirupathi Apartments, Apt. No. K, Ground Floor, No.51/22, Venus Colony 2nd Street, Alwarpet, Chennai-600018. You acknowledge and agree that your use of the Mentor Match Platform (the “Platform”) through a third-party application used to provide services as defined below (the “App”) or at Mentor Match’s website at https://mentormatch.com/ (the “Website”) will be governed by this Agreement, our Privacy Policy, and any related terms.
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at [email protected].
Your use of our Website, App or Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE AND/OR APP, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR WEBSITE, APP OR PLATFORM.
Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.
1. INTRODUCTION TO MENTOR MATCH PRIVATE LIMITED.
Mentor Match is an education technology platform that helps middle school students, highs school students, and competitive exam aspirants (“Learners”) connect with expert mentors and tutors (“Mentors”) through a one on one video call (“Session”) for regular tutoring sessions in a specific domain or subject. Mentor Match bridges the gap by connecting learners with mentors and helps Learners complete chapter revisions, and their syllabus, provides study tricks and tips, gives concept explanations, and conducts live classes (“Services”).
2. TERRITORIAL RESTRICTION
Our Website, App and Platform are only available for use and download outside the European Union. Our Website, App, and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website, App or Platform. You must comply with our Privacy Policy and our Terms of Use, as applicable. If you have any questions regarding this Section, please email us at [email protected]
3. PRIVACY POLICY
Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for our Website, App or Platform. You understand that through your use of our Website, App or Platform you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the US, and/or other countries for storage, processing and use by Mentor Match and our affiliates.
4. ELIGIBILITY & ACCESS RESTRICTIONS
To be eligible to use our Website, App or Platform you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website, App or Platform or not otherwise prohibited from having an account, (c) is not our competitor, or are not using our Website, App or Platform for reasons that are in competition with us; (d) will only maintain one Mentor Account (as defined below) at any given time; (e) 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; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website, App or Platform.
5. SERVICE LICENSE
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 and use our Website, App or Platform to: (a) download, install, and use the 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, App or Platform and content made available in or otherwise accessible through our Website, App or Platform, strictly in accordance with this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon our Website, App or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, App or Platform, except as expressly permitted in this Agreement. When using and accessing our Website, App or Platform, 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 OR USE OF OUR WEBSITE, APP OR PLATFORM. 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 OR USE OUR WEBSITE, APP OR PLATFORM.
6. OWNERSHIP AND USE OF THE WEBSITE
We have and will retain sole control over the operation, provision, maintenance, and management of the (a) Website, Platform; and (b) the Services. We will determine in good faith the selection, deployment, modification, support, maintenance, repair upgrades, updates, corrections, repairs and replacement of the Website, Platform and Services; provided, however, that we will not modify the Website, Platform or Services to remove any material features and will not modify any feature used by Mentors without Mentor’s prior written consent. We have the right to review and monitor the use of the Website and Services by you and to ensure compliance with the terms of this Agreement.
You have and will retain sole control over all data and other content that is collected, downloaded, or otherwise received, directly or indirectly from you by or through the Website, Platform, and information reflecting the access or use of the Website Platform by or on your behalf and personal information about your employees and contractors including business title, place of business, business email, etc. except as set forth herein or in other applicable terms (“Mentor Data”). You agree to grant us a perpetual, non-revocable, non-exclusive, non-transferable license to use Mentor Data to be able to provide our Services and provide our obligations under this Agreement, our Terms of Use and Privacy Policy.
7. OWNERSHIP AND USE OF THE APP.
Our Services are provided on a third-party application, ‘WISE APP’ which can be accessed at https://www.wise.live/. The Terms and Conditions and Privacy Policy of the Wise App are incorporated by reference into these Terms of Service.
We have the right to review and monitor the use of the App and Services by you and to ensure compliance with the terms of this Agreement.
You have and will retain sole control over all Learner Data and other content that is collected, downloaded, or otherwise received, directly or indirectly from you by or through the App and information reflecting the access or use of the App by or on your behalf.
8. ACCESS AND SERVICE RESTRICTIONS
You agree that our Website, App or Platform including but not limited to the graphics, trademarks, and editorial content, contains proprietary content, information, and material. This material is owned by Mentor Match and/or its authorised third-party vendors, and is 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 use of our Website, App or Platform 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 the Platform or the Services in accordance with these Terms of Service.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, App or Platform, in any manner, and you will not exploit our Website, App or Platform in any unauthorized way whatsoever, including but not limited to, using our Website, App or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or
burdening network capacity. You further agree not to use our Website, App or Platform 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 using our Website, App or Platform.
9. RESERVATION OF RIGHTS
You acknowledge and agree that our Website, App, and Platform are provided for your use. Except to the extent necessary to access and use our Website, App or Platform, 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, App or Platform, whether expressly, by implication, estoppel, or otherwise. Mentor Match and its third-party vendors and service providers reserve and will retain their entire right, title, and interest in and to our Website, App, and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
10. REGISTRATION, ACCOUNT CREATION, AND ACCESS RIGHTS a) Access: You can access and use our Website or Platform at https://mentormatch.com/
b) Registration: To use our Services (“Registration”) you are required to set up an account (“Mentor Account”) on our Website, https://www.mentormatch.com/become-a-teacher. When you set up a Mentor Account, you are required to (a) enter your name, (b) enter your email address, (c) your phone number, and (d) set up a password (“Password”) (collectively, the “Account Information”).
c) Verification: Upon the creation of your Mentor Account, MentorMatch shall further ask for other information such as your government identification number (for example your Aadhar card) and bank account and limited financial information (for example your KYC and PAN card details) (together “Verification Information”) solely for (a) verification, (b) the provision of our Services in accordance with this Agreement, and (c) to ensure that you receive any payments due to you under this Agreement. Your Verification Information will be stored in an encrypted form and in a secure manner consistent with good industry standards on our servers and shall be deleted within thirty (30) days of your Mentor Account being terminated, cancelled or otherwise deleted.
d) Acceptance: To be able to provide Sessions on our Website, App, and Platform, you will further be required to provide us with your LinkedIn profile, your availability to take Sessions, your level of education, names of colleges and universities attended, your educational qualification, your previous work experience, the subjects and classes you wish to and have the competency to teach, your language fluency, and your infrastructural sufficiency, including but not limited to a stable wifi connection and phone/camera stands (collectively, the “Education Information”). You understand that any subjects, Sessions, and Learners allotted to you shall be at Mentor Match’s sole discretion.
e) Security of your Account Information: You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current. You may not transfer or share your Account Information with anyone. You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Account. You agree to immediately notify us upon
becoming aware of any unauthorized use of your Account Information. Mentor Match reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your Account Information. Under no circumstances shall Mentor Match be held liable to you for any liabilities or damages resulting from or arising out of your use of our Services, your use of the Account Information, or your release of the Account Information to a third party. To use our Service, you must be at least 18 years of age.
f) Use of Mentor Information: We collect personal and business information (as set forth in our Privacy Policy), at the time of Registration or in the course of your use of our Services. This information is necessary for us to provide our Website and App to you and is stored on our servers to enable us to continue to provide our Website and App to you. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within sixty (60) days of receiving your request. Also, upon your prior written request, we will delete any such information within sixty (60) days of receiving your request. Notwithstanding, please note that, if you ask us to delete all such information, we will not be able to continue to provide our Services, Website and App to you. Please send your requests to us at [email protected]. YOU OWN, OR UNDERTAKE THAT YOU ARE AUTHORIZED TO USE, ANY INTELLECTUAL PROPERTY IN ANY INFORMATION AND MENTOR DATA YOU PROVIDE, UPLOAD, SHARE, TRANSMIT OR OTHERWISE MAKE AVAILABLE TO OR FROM, OUR SYSTEMS OR USING OUR SERVICES. YOU GRANT US A WORLDWIDE, ROYALTY-FREE LICENSE TO USE, STORE, BACK UP, COPY, TRANSMIT, DISTRIBUTE, COMMUNICATE, MODIFY AND OTHERWISE MAKE AVAILABLE, SUCH INFORMATION AND MENTOR DATA, SOLELY FOR THE PURPOSES OF ENABLING YOU TO USE OUR SERVICES AND FOR ANY OTHER PURPOSE RELATED TO PROVISION OF THE SERVICES TO YOU AND THEM.
11. PAYMENT
a) Access to Website, App, and Platform: Our Website, App, and Platform are currently provided to you at no cost. In the event that we change this in the future, we will communicate such modification to you as per the procedure detailed under this Agreement.
b) Fees: For any Sessions taken by you on our App, Mentor Match shall pay you depending on the offer letter, tutor model, syllabus, subjects and grades for which the tutoring sessions are conducted as listed in the applicable Payment Terms updated from time to time.. (“Fees”)
c) Payment Terms: All Fees payable to a Mentor (together, “Dues”) will be calculated and transferred to your Mentor Account automatically. These Dues shall be accumulated in the Mentor Account until withdrawn in accordance with this Section (“Withdrawal”). Mentors can check their Dues at any time on our App through their Account. You can Withdraw your Dues by visiting the link and filling in the required details. Mentors understand and agree that they shall only be eligible to make a Withdrawal once their Dues cross the minimum withdrawal limit as described in Mentor Payments. From the day of Withdrawal, it takes 1-2 working days to transfer the Dues to your bank account or digital wallet. You are responsible to notify Mentor Match if you do not receive the Dues that you believe you are accrued and payable to you, within six (6) months of completion of the accrual of such Dues. Failing to do so may further delay or result in the waiver of the payment of the Dues. Mentor Match shall not be liable for any losses suffered due to any errors in the payment of Dues due to incorrect payment details that you provide to Mentor Match.
d) Taxes: You are responsible to declare any taxes, if due, to your local financial authorities as a result of Dues that you receive. Mentor Match will not be liable for any taxes or for providing any assistance on tax matters. In the event any payment due under this Agreement is subject to or becomes subject to any tax or other deduction payable by you, such tax or deduction shall be paid by you, so that the payments by Mentor Match shall be in full and free of all liability for such tax or other deductions. You agree to pay and bear the expense of local, state and/or federal government licenses, sales and use, foreign withholding tax, property, and ad valorem taxes, which may be imposed or assessed with respect to payments made by Mentor Match to you under this Agreement.
e) Fraud: MENTOR MATCH RESERVES THE RIGHT TO WITHHOLD OR CANCEL YOUR DUES, IN WHOLE OR IN PART, IF IT SUSPECTS FRAUD, FOUL PLAY OR BREACH OF ANY OF THE CLAUSES SET OUT IN THIS AGREEMENT. MENTOR MATCH RESERVES THE RIGHT, TO AMEND OR WITHDRAW ANY FUNDS CREDITED TO YOUR MENTOR ACCOUNT IN ERROR. MENTOR MATCH RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PAYMENT AND OTHER TERMS PROVIDED BY THIS WEBSITE, APP, AND PLATFORM, EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE, APP, AND PLATFORM OR BY E-MAIL DELIVERY TO YOU.
12. TERMINATION
a) Termination and Removal of Mentors: Mentor Match reserves the right to suspend or cancel any Mentor Account in together with any outstanding Dues, or cease providing you with access to all or part of our Platform and Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you breach this Agreement, the Privacy Policy, or any related terms. (ii) you misuse your Mentor Account or used it for any improper purpose, (iii) any activities on your Mentor Account are subject to investigation in regard to data integrity, reliability, or validity, (iv) Mentor Match’s right to process and use any information necessary to run the Platform is legally withdrawn, by law or otherwise, (v) you create risk or possible legal exposure for Mentor Match; or (vi) our provision of our Platform and Services to you is no longer commercially viable. We will make reasonable efforts to notify you of such termination by the email address associated with your Mentor Account or the next time you attempt to access your Mentor Account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our Website, App or Platform.
b) Survival: All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.
13. REQUIRED CONDUCT AND PROHIBITED CONDUCT
As a condition to access our Website, App or Platform, you agree to this Agreement and to strictly observe the following:
a) Required Conduct
i. Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
ii. Provide accurate information to Mentor Match and update from time to time as may be necessary;
iii. Review our Privacy Policy
iv. Review and comply with Terms and Conditions and Privacy Policy of the Wise App. v. Review and comply with notices sent by Mentor Match, if any, concerning our Website, App or Platform;
vi. Participate in Sessions in a professional and workmanlike manner, honouring this Agreement and the conditions set forth herein; and
vii. In all Sessions, introduce yourself, greet Learners with politeness, address their needs and concerns, and as applicable, ask them questions for better understanding.
b) Prohibited Conduct
i. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website, App or Platform (excluding any Mentor content);
ii. 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, App or Platform, or any part thereof;
iii. Utilize information, content or any data you view on and/or obtain from our Website, App or Platform to provide any service that is competitive with us;
iv. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Mentor Match unless you have entered into a written agreement with us;
v. Adapt, modify, or create derivative works based on our Website, App or Platform or technology underlying our Website, App or Platform, or other Mentors’ content, in whole or in part;
vi. Rent, lease, loan, trade, sell/resell access to our Website, App or Platform or any information therein, or the equivalent, in whole or part;
vii. Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
viii.Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
ix. Use automated methods to add contacts or send messages;
x. Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
xi. Attempt to or actually access our Website, App or Platform by any means other than through the interface provided by Mentor Match;
xii. Attempt to or actually override any security component included in or underlying our Website, App or Platform;
xiii.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;
xiv. Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website, App or Platform, including those of both Mentor Match or any of our licensors;
xv. Use any information obtained from our Website, App or Platform to harass, abuse, or harm another Mentor or Learner; or
xvi.Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.
14. MENTOR MATCH COMMUNICATIONS
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 Mentor Match.
a) Email Contact. We may send promotional messages about us and our products and services related to our Website, App, and Platform to your email. When you send us a query email at [email protected], you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Service and our Privacy Policy.
b) 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 use of our Website, App, and Platform.
15. INDEMNIFICATION
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 to comply with applicable laws and regulations.
16. DISCLAIMERS
Your access to and use of our Website or any content are at your own risk. You understand and agree that our Website 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 any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website and (iv) whether our Website 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 , 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 MENTORS OR LEARNERS, AND COMMUNICATED TO OTHER MENTORS OR THIRD PARTIES VIA OUR WEBSITE ,
BUT MENTOR MATCH WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. WE ARE NOT RESPONSIBLE IF THE INFORMATION MADE AVAILABLE ON THIS WEBSITE IS NOT ACCURATE, COMPLETE OR CURRENT. UNDER NO CIRCUMSTANCES WILL MENTOR MATCH BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR MENTORS 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 MENTORS, AND MENTOR MATCH SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT. THIS APP/WEBSITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS APP/WEBSITE AT ANY TIME. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR APP/WEBSITE.
17. 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 use of, or the inability to use, our Website, including, without limitation, any information made available through our Website 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 time (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 use of our Website. 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.
18. COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website, App or Platform 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.
a) Your physical or electronic signature;
b) Identification of the copyrighted work(s) that you claim to have been infringed; c) Identification of the material on our Website, App or Platform that you claim is infringing and that you request us to remove;
d) Sufficient information to permit us to locate such material;
e) Your address, telephone number, and email address;
f) 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
g) 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, hello@mentor match.com, 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.
19. ASSIGNMENT
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.
20. ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website, App or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery 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, App or Platform to any destination, person, entity or end-use prohibited or restricted under the governing/applicable laws without prior applicable government authorization to the extent required by the applicable export control regulations.
21. MODIFICATIONS
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, App or Platform by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of our Website, App or Platform shall constitute your consent to such changes.
22. 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, employers/employees, or agents/servants. The Mentor has no power or authority to bind Mentor Match to any obligation, agreement, debt or liability. The Mentor shall not hold itself out as an agent or representative of Mentor Match
23. GOVERNING LAW
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 23.
24. 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.
Any claim, dispute or difference relating to or arising out of this Terms of Use, our Terms of Service or our Privacy Policy shall be referred to the arbitration, of a sole arbitrator appointed mutually. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The seat and venue of arbitration shall be Chennai, Tamil Nadu, India. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
25. MISCELLANEOUS
This Agreement along with our Privacy Policy constitutes the entire agreement between you and Mentor Match and supersedes any prior agreements between you and Mentor Match with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website, App or Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to Mentor Match shall be given by certified mail, postage prepaid and return receipt requested to Mentor Match Private Limited at Tirupathi Apartments, Apt.No.K, Ground Floor, No.51/22, Venus Colony 2nd Street, Alwarpet, Chennai-600018. Any notices to you shall be provided to you through our Website, App or Platform or given to you via the email address or physical address you provide to Mentor Match during the registration process.
Additional Terms:
All Mentors on our Platform are eligible for incentives that will be notified on the Mentor Match Telegram and WhatsApp Mentor groups and may be updated from time to time at the sole discretion of Mentor Match.