MindStick Training TERMS & CONDITIONS

Updated: 9 March, 2024

GIVE YOUR ATTENTION HERE

These terms and conditions (“Terms and Conditions”) control your use of this training.mindstick.com (“Website”). In these Terms and Conditions, “MindStick Training” is referred to as the “Company”, “us,” or “we.” “You” refers to a user or a paying customer. If you are a company or another person who gives access to company products, you agree to take responsibility in full in case of damages or indemnification that could properly lie against the customer.

The MindStick Training website (the ‘Site’), the educational courses made available through the site and the content (the ‘Products’) are owned, operated and maintained, as applicable, by MindStick Training (‘we’, ‘our’, ‘us’, or the ‘Company’). The Site, Courses, Training Programs and Services are, collectively, the ‘Company Products’ or ‘Content’.

By (a) using or accessing the Company Products (b) accessing any Courses and Training Programs through the Website; you agree to the terms and conditions set forth herein (“Agreement”).

BY USING THIS WEBSITE OR ITS PRODUCTS AND SERVICES, YOU AGREE AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. COMPANY’S Privacy Policy CAN BE FOUND AT Privacy Policy. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – ALL OR ANY PORTION OF THE COMPANY’S WEBSITE AND ITS PRODUCTS OR SERVICES (AS DEFINED BELOW).

READ THIS CAREFULLLY BEFORE USING WEBSITE SERVICES AND PRODUCTS
  • You should not use this site in an unlawful manner; you must respect the Website Terms and Conditions and follow the Privacy Policy.
  • Under no situations or circumstances, will the Company be liable for any change in the content which it provides on the Website through its Courses and Training Programs, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of any content made available via our Courses, Training Programs, or various resources such as email, messages, etc.
  • Our Company Products are available to any user with access to the Internet. However, we are not responsible for the charges incurred for the usage of hardware, software, or internet services provider fee. Also, the user is fully responsible for the proper functioning of computer hardware and internet access.
  • You will be required to use login credentials for some of the sections on the Website and the Company reserves the right to block access to our services for any user who does not follow these conditions.
  • We make sure that users get uninterrupted access to our service, but there is no obligation to do so
  • MindStick Training is not responsible and is not obligated for issues in your network or server beyond certain limits.
IMPORTANT GUIDELINES FOR USING WEBSITE
  • Do not Insult, abuse, harass, stalk, threaten or otherwise infringe the rights of others;
  • Do not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information;
  • Do not upload, install, transfer files which are protected by Intellectual Property laws or software which affect other computers
  • It’s prohibited to edit HTML source code, reverse engineer or attempt to hack.
  • Do not run Spam services/scripts or anything which could affect infrastructure, and in turn, users.
  • Do not communicate spam, advertise or sell services such as digital downloads, eBooks or phishing links
  • You may not copy, distribute and indulge in plagiarism with website content or user submitted content.
REQUIRED AGE TO ACCESS WEBSITE

This is a contract between you and MindStick Training. You must read and agree to these terms before using the MindStick Training Service. If you do not agree, you may not use the Service. You must be 18 years or older to use the Services. If you are less than 18 years of age and would like to register to use any part of the Services, please ask your parent or legal guardian to review and agree to these terms before you use any part of the Services, or ask them to complete the purchase or registration on your behalf. Supplemental terms and conditions may apply to some Services, such as rules for a particular competition, promotion, service or other activity, or terms that may accompany certain content accessible through the Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms. The Service is not available to any Users previously removed from the Service by MindStick Training. You represent that you are of legal age to form a binding contract and are not a person barred from using and accessing the Platform under the applicable laws of India. You may use the Service only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

The Service is always evolving, and the form and nature of the Service may change from time to time without prior notice to you. In addition, MindStick Training may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. MindStick Training also retains the right to create limits on use, storage, and features at its sole discretion at any time without prior notice to you.

ACCOUNTS

You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Contact Us Team. You must have reached the age of consent for online services in your country to use MindStick Training Portal.

You need an account for most activities on our platform, including to access courses and training programs or any other learning-related work. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and MindStick Training Platform will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Contact Us Team. We may request some information from you to confirm that you are indeed the owner of your account.

Students and instructors must be at least 18 years of age to create an account on MindStick Training Platform and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access courses and trainings that is appropriate for you. If you are below this age of consent to use online services, you may not create an account in MindStick Training Portal. If we discover that you have created an account that violates these rules, we will terminate your account.

You can terminate your account at any time by following the steps here. Check our Privacy Policy to see what happens when you terminate your account.

COURSES AND TRAINING PROGRAMS ENROLLMENT

When you enroll in a course/training program or other content, you get permission from us to view it via the MindStick Training Services and no other use. Don’t try to transfer or resell content in any way. We generally grant you permission for the time period needed in a particular course/training, except when we must disable the content because of legal or policy reasons or for enrollments via Subscription Plans.

Under our Terms, when a tutor publishes content on MindStick Training Portal, we grant permission to the content (courses and training programs) to students. This means that we have the right to authorize the content to enrolled students. As a student, when you enroll in a course or other content, whether it’s free or paid content, you are getting permission from MindStick Training Portal to view the content via the MindStick Training platform and Services, and MindStick is the authority of record. Content is authorized, and not sold, to you. This authorization does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).

In legal, more complete terms, MindStick Training Platform grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a MindStick Training Platform authorized representative. This also applies to content you can access via any of our APIs.

We generally give a lifetime access license to our students for accessing their account information and seeing their course details when they enroll in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Policies. This lifetime access license does not apply to enrollments via Subscription Plans or to add-on features and services associated with the course or other content you enroll in. For example, instructors may decide at any time to no longer provide teaching assistance or Q&A services in association with the content. To be clear, the lifetime access is to account information but not to the course content.

Instructors may not grant licenses to their content to students directly, and any such direct license shall be null and void and a violation of these Terms.

PAYMENTS, DISCOUNTS, CREDITS, AND REFUNDS

When you make a payment for any course and training programs, you agree to use a valid payment method. Discounts will only be valid as per the policies made by the MindStick Training Portal. In some emergency circumstances (explained below), refunds can be made as per the Terms & Conditions.

PRICING

The prices of content on MindStick Training Portal are determined based on the terms of the Instructor Terms and our Policy. In some instances, the price of content offered on the MindStick Training website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.

We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.

If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.

PAYMENTS

You agree to pay the fees for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. MindStick Training Portal works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within 30 days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

REFUNDS AND REFUND CREDITS

If the content you purchased is not what you were expecting, you can request, within 7 working days of your purchase of the content, that MindStick Training Portal apply a refund after deducting some amount to your account. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers, the platform from which you purchased your content (website, mobile or TV app), and other factors. No refund is due to you if you request it after the 7-working day guarantee time limit has passed. However, if the content you previously purchased is disabled for legal or policy reasons, you are only entitled to a refund within 30-day limit. MindStick Training Portal also reserves the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.

To request a refund, follow the steps given in the Frequently Asked Questions (FAQs) Page.

If we decide to issue refund credits to your account, they will be automatically applied towards your next content purchase on our website, but can’t be used for purchases in our mobile or TV applications. Refund credits may expire if not used within the specified period and have no cash value, in each case unless otherwise required by applicable law.

At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the content that you want to refund or if you’ve previously refunded the content, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to the content due to your violation of these Terms Guidelines, you will not be eligible to receive a refund.

COURSE AND BEHAVIOR RULES

You can only use MindStick Training Portal for lawful purposes. You’re responsible for all the content that you access on our platform. You should respect the intellectual property rights of the website. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, the Services enable you to ask questions to the instructors of courses or other content you are enrolled in, and to post reviews of content. For certain content, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that violates the Policies of the MindStick Training Portal.

If you are an instructor, you can submit content for publication on the platform and you can also communicate with the students who have enrolled in your courses or other content. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Policies before you submit any content for publication on MindStick Training Platform.

MindStick Training Portal has discretion in enforcing these Terms and Conditions Guidelines. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and course admission, and we may prevent you from further access to the platforms and use of our Services. Your information may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

If a user has done anything related to content that infringes our copyright or trademark rights, he will be solely responsible. Our Terms and Conditions require our instructors to follow the law and respect the intellectual property rights of others.

USE MindStick Training PORTAL WITH FULL RESPONSIBILITY

Anyone can use MindStick Training Portal for learning and training purposes only. We enable instructors and students to interact for teaching and learning. Like other platforms where people can enhance their learning experience and train themselves with tech skills, some things can go wrong, and you use MindStick Training Portal at your own risk.

Here, we give you access and authority to use the MindStick Training Website after completing all the necessary procedures. You are only allowed to do activities that are relevant to your content and not violating any law of national or international.

You will be using the website totally at your own risk, and at any cost in case of violations of any rules from your side, the MindStick Training Portal will not be held liable.

When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.

When you use our Services, you will find name or website to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

RIGHTS OF MindStick Training PORTAL

We own the MindStick Training Platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

All right, title, and interest in and to the MindStick Training Platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of MindStick Training Platform and its parent company MindStick Software Pvt. Ltd. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the MindStick Training Platform name or any of the MindStick Training trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding MindStick Training Platform or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the MindStick Training Platform and Services:

  • Access, tamper with, or use non-public areas of the platform (including content storage), MindStick Training computer systems, or the technical delivery systems of MindStick Training service providers.
  • Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
  • Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the MindStick Training platform or Services.
  • Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
  • In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as MindStick Training); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
MISCELLANEOUS LEGAL TERMS AND CONDITIONS

These Terms are like any other contract, and they have important legal terms that protect us from various things that could happen and that clarify the legal relationship between us and you.

BINDING AGREEMENT

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with MindStick Training Platform. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections (courses and training programs enrollment), (use MindStick Training portal with full responsibility), (rights of MindStick Training portal), (miscellaneous legal terms and conditions), and (dispute resolution).

READ THE DISCLAIMER

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from the use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will MindStick Training Platform or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

LIMITATIONS OF LIABILITY

You expressly agree that use of the Website, the Services, and the Content are at your sole risk. We do not warrant that the Website or the Services or access to the Content will be uninterrupted or error-free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services, or the Content or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content. In no event will we or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content. The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action. You hereby specifically acknowledge that we are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties or other users of the Website, the Services, or the Content and that the risk of damage or injury from the foregoing rests entirely with each user. You agree that our liability or the liability of our affiliates, directors, officers, employees, agents, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or the Content shall not exceed the fee you paid to us for the particular training course.

INDEMNITY

You agree to indemnify and hold us, our subsidiaries, affiliates, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses, including attorneys’ fees, arising out of your unauthorized use of the Website, the Services, and the Content or any violation or breach of this Agreement or any provisions hereof.

RELATIONSHIP BETWEEN US

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

UPDATION IN TERMS AND CONDITIONS

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and MindStick Training Portal reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

HOW TO CONTACT US

The best way to get in touch with us is to contact using mail id contact@mindstick.com. We’d love to hear your questions, concerns, and feedback about our courses and training programs.

Thanks for learning with us!