Terms & Conditions
“Mentorica” is one of the brand owned by Mentorica Institute of Soft Skills Pvt. Ltd., a Company incorporated under the Companies Act,1956 and having its Registered office at C-77, IInd Floor, Malviya Nagar, New Delhi – 110017, India (hereinafter referred to as “Company”). Under this brand, the Company has developed an e-learning platform to provide online personality development training courses to its subscribers.
This terms & condition between the Company and you (hereinafter referred to as “User”) constitutes a binding agreement for implementing and maintaining reasonable security practices and procedure for securing sensitive personal data or information and inter alia provides and sets forth general terms and conditions regarding the use of mentorica.in and for handling of or dealing with the Information (as defined hereinafter) of all clients, customers, service recipients, and users of mentorica.in.
This terms & condition is applicable to all Information collected, received, possessed, owned, controlled, stored, dealt with or handled by the Company and is applicable to the User. For the purposes of this privacy agreement, the term “User” include the User’s clients and customers.
Scope of Personal Information and Sensitive Personal Data or Information
Personal Information
Personal information of any User would mean any information obtained by the Company for the purposes of its business including providing its services, that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with the Company, is capable of identifying such person/User.
Sensitive Personal Data or Information
Sensitive personal data or information means such personal information which consists of information relating to:
- password(s),
- financial information such as bank account or credit card or debit, card or other payment instrument details,
- physical, physiological and mental health condition,
- sexual orientation,
- medical records and history,
- biometric information,
- any detail relating to the above clauses as provided to the Company for providing service, and
- any of the information received under above clauses by the Company for processing, stored or processed under lawful contract or otherwise.
Provided that any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force will not be considered to be sensitive personal data or information.
The personal information or sensitive personal data or information shall include the personal information or sensitive personal data or information of the persons availing or proposing to avail or buying or proposing to buy the services of the Company, including online personality development training courses.
Personal information and sensitive personal data or information (hereinafter as the context require referred to as “Information”).
Type of Information and the purpose:
The Company may require certain Information for providing information to the User, provision of services, other user benefits, for technical, legal and/or accounting purposes and for other agreed purposes.
Following are the indicative agreed purposes and type of Information that would be required by the Company:
Electronic newsletters (Dispatches)
The Company may provide a free electronic newsletter to the User. To provide this service, if subscribed by the User, the Company may gather the e-mail addresses of the User who voluntarily subscribe to this service. The User may remove himself from this mailing list by following the link provided in every newsletter that points users to the subscription management page. The User can also subscribe to the newsletters at the time of registration.
Message boards/forums
If this service is provided by the Company, the User of the site’s Message Boards and Forums may register separately for these services by providing the specified Information in order to post messages.
“E-mail this to a friend” Service
The Company may provide an option to the User for choosing to electronically forward a link, page, or documents to someone else by clicking “e-mail this to a friend”. If provided by the Company, the user must provide their e-mail address, as well as that of the recipient. This Information is used only in the case of transmission errors and, of course, to let the recipient know who has sent the e-mail. The recipient’s e-mail address and name shall be used only for sending such e-mails.
Polling
The Company may offer interactive polls to the User so he can easily share his opinions with other users and see what the Company audience thinks about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular User. The Company may use a system to “tag” users after they have voted, so that they can vote only once on a particular question. This tag is not correlated with Information about individual users.
Surveys
The Company may occasionally conduct user surveys to better target its content to its audience. The Company sometimes share the aggregated demographic information in these surveys with its sponsors, advertisers and partners. The Company never shares any of this information about specific User with any other user.
This also allows the Company advertisers to advertise more effectively, and allows the User to receive advertisements that are pertinent to their needs.
Participation in these surveys is entirely optional.
Usage tracking
The Company tracks user traffic patterns throughout all of its websites. However, the Company does not correlate this information with data about individual users. The Company does break down overall usage statistics according to a User’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every User’s browser).
The Company sometime tracks and catalogs the search terms that the User enter in the Company’s search function, but this tracking is never associated with individual users. The Company’s may use tracking information to determine which area of its website users like and don’t like, based on traffic to those areas. The Company does not track what individual users read, but rather how well each page performs overall. This helps the Company continue to build a better service for the User.
Automatic Logging of Session Data
The Company may collect IP addresses from the User, which together with browser and session information may be used for various purposes, including to (i) diagnose and prevent service or technology problems reported by the User associated with the IP address controlled by a specific web company or ISP; (ii) estimate the total number of users visiting mentorica.in from specific territories; (iii) monitor and prevent misuse and/or abuse of the services available on or through mentorica.in.
The Company may also collect information of the operating system and type of browser software being used and the activities conducted by the User while on mentorica.in.
The Company may also record information about the usage of the website by a User, including the size and frequency of data transfer.
The Company may use this information as it helps the Company to evaluate what users are likely to visit on most, the way users are visiting its website, number of users visiting to various pages on the website, etc. It also helps the Company rectify technical problems.
SMS
In the event that a User sends a SMS regarding any facility or service available on the Company’s website or otherwise, the Company may collect any Information as it deems relevant in respect of such SMS, including the phone number from which such SMS was sent, the service provider which carries the phone number, the content of the SMS and the time/date of communication.
Cookies
The Company may collect information through the website by using cookies and click-trails. All sensitive personal data or information, if any, collected by means of cookies or click-trails will be encrypted, aggregated and may be used to develop and track traffic patterns and the volume of use of the website. Sometimes cookies are used to assist the User in reaching the appropriate information and to tailor the User’s visit to its individual preferences. For example, a cookie can be used to remember the User’s login information if it chooses the “Remember Me” option while signing in. If the User does not want to receive a cookie from the website, the User may set its browser to refuse cookies or to notify it when it receives a cookie, which the User may then refuse upon such notice. To understand how to do this, the User may consult its browser’s help section. However, refusing the cookies may prevent the User from accessing some parts or functionalities of the website.
A cookie may also be placed by the Company’s / mentorica.in’s advertising server or third party companies for the purposes of analysing the effectiveness of advertising on mentorica.in.
To enhance experience
The Company uses certain Information to enhance the User’s experience on its website, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of the users.
Registration etc.
The Company also requires Information for the purposes of its business including providing its services. The User may have to provide the Company with certain Information such as his/her name, credit card number and expiration date, credit card billing address, telephone number, e-mail address, date of birth, sex, education, vocation, and such other information as the Company may require to process the subscription.
This information is collected through an online application form for several purposes inter alia:
- For personal identification,
- To allow the Company to contact the User for the Company’s services including sharing or sending information on confidentiality basis to third party service providers, and/or
- To carry out and discharge the obligations under the applicable terms and conditions for availing or buying the services.
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account. The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify the Company immediately in writing of any unauthorized use of their password or account or any other breach of security. The Company will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.
To communicate with the User
The Company may modify the scope of its services from time to time. If any services are provided or proposed to be provided to the User either on User’s request or otherwise, the Company will use the information given by the User to facilitate or provide such service. Also, if the User asks any query from the Company on the services being provided by the Company or any other questions, the Company may keep the Information such as User’s e-mail address, name, nature of the question, etc. to respond to the User’s question or to enable the Company in making its services or the website better.
The Company may send subscription confirmation, cancellation, payment confirmation, refund status, general modifications or any such other information relevant for the subscription, on the email address given by the User or via SMS or by voice call on the contact number given by the User at the time of buying the subscription. The Company may also contact the User by voice call, SMS or email in case the User could not or has not concluded the subscription/payment process, for any reason what so ever and also to help the User for the same. The User hereby unconditionally consents that such comunications via SMS and/or voice call by the Company is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (“TRAI”) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify the Company against all types of losses and damages incurred by the Company due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on the Company with respect to the intimations mentioned above or due to a wrong number or email address being provided by the User for any reason whatsoever.
To provide services through or using third parties:
The Company may also collect, use, and sometimes disclose the User’s Information to third parties on confidentiality basis for the following purposes:
- To administer business relationship between the Company and the User in such a way so as to comply with legal requirements,
- To receive payments from the User,
- For maintaining its books and accounts,
- For such other purposes as the Company may deem fit in respect of business relationship between the Company and the User,
- To otherwise provide services pursuant to commercial understanding between the Company and the User,
- For outsourcing, sub contracting or obtaining input services, and/or
- For future marketing of its services or products.
Other
The Company may share the Information with other persons, such as directors, officers, senior executives or any other authorised person from the Company or any affiliate company, auditors, lawyers, technical consultants and other professional advisors.
All third parties receiving Information shall be under an obligation to keep it confidential and comply with data privacy laws applicable from time to time.
The Company shall not collect sensitive personal data or information unless it is considered necessary for the purpose for which it is collected.
Access requests
The User shall be entitled to correct or amend as feasible, any Information that is found to be inaccurate or deficient.
The Company may withhold or may not be able to provide information that:
- contains references to another person,
- is subject to legal privilege or cannot be disclosed for other legal reasons including but not limited to safeguarding public security, security of India or any part thereof,
- contains confidential commercial/business information,
- is not maintained by the Company,
- was created in the course of a formal dispute resolution process,
- could threaten the life or security of another individual, and / or
- was disclosed under a court order or was disclosed to a government institution as part of an investigation.
Communication by email
The following are some indicative guidelines to assist in protecting Information:
Internet and intranet e-mail
If body of the e-mail, or any of its attachments, contains highly sensitive information, the sender should use additional measures such as password protection or alternative methods of distribution.
If confidentiality and privacy of the e-mail content is important, use an alternate communication vehicle.
Retention
Request for information by an order under law or by a government agency
Notwithstanding anything contained elsewhere, any Information may be disclosed by the Company to any third party by an order under applicable law, without any consent or other obligation, or as required to comply with applicable law.
Redressal of Grievances
The Company shall address any discrepancies and grievances of the User with respect to processing of Information, in a time bound manner. For this purpose, the Company has designated a Grievance Officer whose name and contact details are available on its website.
The Grievance Officer shall endeavor to redress the grievances of the provider of information expeditiously after receipt of grievance in writing.
Security Practice and Procedure
The Company shall endeavour to follow and/or endeavor to ensure adherence of reasonable security practices and procedures to secure sensitive personal data or information made available to it by the User. The Company may provide a copy of such reasonable security practices and procedures, followed by it or its host server, to secure sensitive personal data or information, if required by the User. At present our third party server host follows ISO 27001 security management standard for data/information security.
Option not to provide Information
General rules and regulations for provision of information by the User:
The User shall not host, display, upload, modify, publish, transmit, update or share any information that –
belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially and ethnically objectionable or disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- is wrong or incorrect or otherwise misleading.
Use of website
The User shall not use the website or the options and services for any illegal or unlawful activities. The Company reserves the right to remove any objectionable content provided by the User in its website, once the same comes to the knowledge of the Company or is pointed out by any other user.
The Company’s website and its content are copyright protected.
Exclusion of liability
The Company is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked web pages. The Company does not endorse any advertiser on its web pages in any manner. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information. Notwithstanding its reasonable efforts in that behalf, the Company cannot control the information provided by any third party or its users. The Company is not responsible for checking or verifying the accuracy or legality of any material submitted on its website by any third party or its users and the Company shall not be liable for any loss or damages that may be caused due to the inaccuracy or illegality of the materials submitted on its website by such third parties and its users.
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of mentorica.in is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may results from the download of such material and/or data.
The Company shall not be liable for any loss or damage that may cause to the User because of its inability to use the website or the avail the options and services for any technical reason or due to factors beyond control of the Company. The Company reserves the right to refuse the grant of or terminate the options and free services including electronic newsletter (dispatches), messages board/forums, “e-mail this to a friend” service, polling, surveys and facility for having logging account without any information, if it deems necessary, and the Company shall not be responsible for any loss or damage that may be caused due to such refusal of grant or termination of options and free services.
Notwithstanding anything contained hereinabove, the Company will always make its best effort to ensure that the content on its websites or other information platforms are free of any virus or such other malwares.
Non compliance
In the event the User fails to comply with this privacy agreement applicable for provision of Information or for access, usage or availment of the Company’s services or resources including computer resources, the Company shall have the right to immediately terminate the access, usage or availment of such services or resources and require the User to remedy the non compliance.
Notification by User
In the event the User notices any breach of the confidentiality of the Information under this privacy agreement, the User shall take all steps to inform the Company of the same.
Indemnity
The User shall indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence that may arise due to any act or omission of the User.
Modification of this privacy agreement
The Company reserves the right to change the terms and conditions under which the Company websites are offered.
Governing law and Jurisdiction
The privacy agreement shall be governed by and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts of Delhi, India.
Consent for Information
The User acknowledges that he has read and understood the content of this privacy agreement.
The User undertakes that once it has ticked the “I ACCEPT” check box hereinbelow, the User shall be deemed to have given a consent for collection, storage, handling or dealing and usage of Information and have accepted this privacy agreement.
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