MELVANO EDUCATION PRIVATE LIMITED
TERMS OF USE
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.melvano.com website.
Your use of a Melvano website and applications (including mobile, web and computer applications) {including www.melvano.com (hereinafter referred to as the “website") and its related sites, services and tools} is governed by the terms and conditions as contained in this Agreement applicable to the website and for other websites of Melvano Education Private Limited and our subsidiaries and international affiliates. This User Agreement for the website shall come into effect on 00:00 hours India Standard Time of [Date ●] ("User Agreement"). www.melvano.com is an internet based portal owned and operated by Melvano Education Private Limited; a private limited company incorporated under the laws of India.
For the purpose of this User Agreement, Registered User and wherever the context so require '“you”, “your” shall mean any natural or legal person who is accessing the website, its contents and using the services offered on or through the website and has agreed to become a member of the website by providing Registration Data (as defined hereinafter) while registering on the website as Registered User using the computer systems of the website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User. Further, reference to “we”, “us”, “our” and “Melvano” shall mean Melvano Education Private Limited (www.melvano.com) and includes its associates, affiliates and subsidiary/subsidiaries.
The use of the website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by website at its sole discretion and posted on the website and you shall not claim invalidity of this User Agreement merely on the grounds that this Agreement is being concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on Purchase/Buy Now button while transacting as Registered User or any act which reflects your use of the website or the services provided by the website or any such other actions that implies your acceptance, You hereby further agree that this User Agreement is being concluded and executed at Kanpur, Uttar Pradesh.
Your use of the website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the website, please do not click on the "check box" and/or on the "continue" button and/or "Purchase/Buy Now" button and do not seek to obtain access to or otherwise use the website.
Amendments:
When you use any of the services provided by us through the website, including but not limited to any reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.
By accepting this User Agreement, you also accept and agree to be bound by www. melvano.com Rules and Policies as provided from time to time in the following hyperlinks:
1. www.melvano.com/privacy-policy
Please note: various underlined words and phrases are hyperlinked to various rules and policies on the website. By accepting this User Agreement, you also agree with the user agreement, privacy policy and other rules and policies posted on the websites of different countries where users belong to respectively.
1. DEFINITIONS
In addition to other words and expressions that may be defined elsewhere in these terms, unless the context otherwise requires, the following capitalized terms wherever used in the User Agreement shall have the meanings as ascribed hereunder:
- "Fees" means the amounts that are due and payable by a User for purchase of Services.
- “Class Management” means the facility provided by Melvano to the Users which includes without limitation the parents, institutions, teachers and students.
- "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- "User" means a person, who completes Melvano’s account registration process, including but not limited to Teachers, Institutes, Schools, any educational institutions and Students.
- "User Content" means all Content that a User posts, uploads, publishes, submits, transmits, or includes in their Listing, User profile or Melvano’s promotional campaign to be made available through the Site, Application or Services.
- "Payment Method" means a payment method that you have added to your melvano’s Account, such as a credit card, debit card or net banking.
- "Student" means a User who enrols for Courses on Application or Site, in case of minor student the parent or guardian who enrol their child or ward for the Courses on Application or Site.
- "Tax" or "Taxes" mean any goods and services taxes (GST) or any other tax that Melvano may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
2. GDPR COMPLIANCE STATEMENT
Melvano respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:
1. Consent
We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.
2. Breach Notification
In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.
3. Right to Access
Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format.
4. Right to be Forgotten
Once we have compared your (the subjects') rights to "the public interest in the availability of the data", we may delete your personal data where you have requested this.
5. Data Portability
We allow you to receive the personal data concerning you, which we will provide in a 'commonly used and machine readable format' and you have the right to transmit that data to another ‘controller’.
6. Privacy by Design
We implement appropriate technical and organisational measures, in an effective way and protect the rights of data subjects'. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.
7. Eligibility
Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enrol in courses that are appropriate for you. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by Melvano for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.
3. MEMBERSHIP ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by Melvano. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our services. For students who are minors, their guardian will be the deemed member of Melvano, and the contract will be entered in their name. Melvano advises its users that while accessing the web site, they must follow/abide by the related laws.
Melvano is not responsible for the possible consequences caused by your behaviour during use of web site. Melvano may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of web site.
Use of the website is available only to Registered Users (“Registered User” means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by us) who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the website and shall not sell, purchase any items on the website. www.melvano.com reserves the right to terminate your membership and refuse to provide you with access to the website at its sole discretion.
4. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
4.1. If you use the website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password and restricting access to your computer, computer system and computer network. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to:
(i) Provide true, accurate, current and complete information about yourself as prompted by www.melvano.com's registration form (such information being the "Registration Data")
(ii) (You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User;
(iii) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
(iv) You must immediately notify us of any unauthorized use of your password or account or any other breach of security, and
(v) ensure that you exit from your account at the end of each session.
4.2. If you provide any information that is untrue, inaccurate, not current or incomplete or Melvano has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Melvano has the right to indefinitely suspend or terminate or block access of your membership with the website and refuse to provide you with access to the website, Melvano shall not be liable for any loss or damage arising from your failure to comply with this Clause 2.
4.3. Electronic Execution and Communications When you use the website or send emails or other data, information or communication to ww.melvano.com, you agree and understand that you are communicating with Melvano through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website or through any other communication services. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
5. USE OF THE WEBSITE
5.1. You agree, undertake and confirm that your use of the website shall be strictly governed by the following binding principles:
5.1.1. “Your Information” is defined as any information you provide to us or other users of the website ("Users") in the registration (as Registered User), buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
5.1.2. Your Information (or any classes/materials listed): Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, user agreement and privacy policy, for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
5.1.3. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
a) belongs to another person and to which You do not have any right;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
f) violates any law for the time being in force;
g) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
h) impersonate another person;
i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
j) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
k) shall not be false, inaccurate or misleading;
l) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
m) shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;
n) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity;
o) You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means;
p) You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website;
q) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms Melvano, Melvano.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Melvano or institues/teachers on platform or otherwise tarnish or dilute any Melvano’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us;
r) You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or Melvano’s systems or networks, or any systems or networks connected to Melvano;
s) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website; and
t) Melvano shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
5.1.4. Melvano shall have the right to use Your Information as provided by you and such usage of your information by us does not amount to violation of any rights you might have in Your Information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Melvano will only use Your Information in accordance with the User Agreement and Melvano's Privacy Policy.
5.1.5. In the event that any transaction or attempted transaction relating to any service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Melvano of the same at [email protected].
5.1.6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax etc.) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
5.1.7. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Melvano as detailed and agreed in agreement signed by our business partners.
6. COMMUNICATIONS
When you use any Melvano Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Melvano services, such as our message centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. FEES AND SERVICES
“Services” for the purposes of these User Agreement shall mean the following: accessing of the website with any uploaded education material, videos, online tests, made available or disseminated or uploaded therein or downloaded therefrom, including all information, tools and services made available including without limitation class management, live classes, recorded classes, attendance, assignment, assessment, fee receipts, access to career portal etc.
7.1. How fee is charged and payment schedule (Payment Terms)
7.1.1. If an enrolment is requested for the Services through the website or otherwise, We will either pre-approve, confirm or reject the buy request within the period of 7 days from the date of request for enrolment (“Pre-Approval Period”), otherwise the buy request will automatically expire. If We are unable to confirm or decide to reject an buy request within the Pre-Approval Period, any amounts collected by Melvano for the requested purchase will be refunded to the concerned User. When We confirm an purchase requested by a User, Melvano will send the User an email, text message or message via e-mail and the Application confirming such purchase, depending on the selections you make via the website or otherwise.
7.1.2. The fees payable will be displayed to the User before the User sends a purchase request to Melvano. Upon receipt of the User’s purchase request, Melvano may initiate process through our third party vendors for payment gateway solutions. If a requested purchase is cancelled (before delivery), any amounts collected by Melvano will be refunded to such User, depending on the selections the Users makes via the website or otherwise.
7.1.3. Melvano will collect the fees from Users at the time of the purchase request.
7.1.4. Melvano agrees that no refund will be permitted in respect of Services already provided.
7.1.5. You agree that Melvano through its website or otherwise would raise system generated invoice to the Student in relation to the purchase for which the Student has paid or in relation to any kind of payment done, as per applicable laws. Melvano will raise invoice for the above which shall be inclusive of all applicable Taxes.
7.1.6. You as a User agree to pay the Fees for any purchase requested, in connection with your Melvano Account. Melvano will collect the Fees pursuant to the Payments Terms.
7.1.7. Once you're confirmed purchase transaction is complete you will receive a confirmation email summarizing your confirmed purchase of services.
7.2. Taxes: You are responsible for paying all fees associated with the use of the website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
7.3. Non-payment: Melvano reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the website and refuse to provide you with access to all current and future use of the website in case of non-payment of fees by you to Melvano.com. www.melvano.com also reserves the right to take legal action in case of non- payment of fees.
8. PLATFORM FOR COMMUNICATION
8.1. Melvano does not make any representation or warranty as to the attributes (such as quality, accuracy, etc.) of the services proposed to be sold or offered to be sold or purchased on the website. Melvano accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
8.2. You release and indemnify Melvano and/or any of its shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Melvano cannot control the information provided by other Users which is made available on the website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
Disclaimer: You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.
9. PRIVACY
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located that may be located in India, United States and Asia Pacific or some other country at some of the best data centres in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at [●]. If you object to your Information being transferred or used in this way please do not use the website.
Your Consent: By using the Site and/ or by providing Your Information, you consent to the collection and use of the information you disclose on the Site by Melvano in accordance with Melvano.com Privacy Policy. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the website is acceptable to you.
10. BREACH
Without limiting other remedies, Melvano may limit your activity, immediately remove your information or end your listing, warn other Users of your actions, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the website in the event, but not limited to:
a) If you breach the User Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference;
b) If Melvano is unable to verify or authenticate any information provided by you; or
c) If it is believed that your actions may cause legal liability for other Users or Melvano. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with www.melvano.com or use the website in any manner whatsoever until such time that such User is reinstated by Melvano. Notwithstanding the foregoing, if you breach the User Agreement or any other documents it incorporates by reference, Melvano reserves the right to recover any amounts due and owing by you to Melvano and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
11. OBJECTIONABLE MATERIAL
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Melvano and/or its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
12. BUYING
All purchases on the website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction.
Melvano strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Wilfully entering erroneous or fictitious bids may result in prosecution by Melvano.
Please note that in the event any inaccurate information is provided by you regarding your identity, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the website we encourage you to post feedback on the seller after the transaction is closed.
Disclaimer: The service of the website may be disrupted due to disruption in the networks; the marketplace will not be responsible in issues arising out of disruption.
13. PAYMENTS
Melvano uses third party payment providers to receive payments from buyers on seller's behalf. Melvano is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Melvano takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, Melvano does not release the payment to sellers until the order has been received by Buyers and they are satisfied with it. Melvano shall only make payments to the sellers subject to realisation of payment received from the buyer to Melvano. The Seller payment is typically net of the service fee charged by Melvano for its services and after deduction of applicable withholding taxes (if any).
14. NO WARRANTY
Melvano and its suppliers, affiliates and service providers provide the website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the website is at your own risk.
15. LIMITATION OF LIABILITY
In no event shall Melvano or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this agreement (however arising, including negligence).
Melvano’s liability in any circumstance is limited to the amount of fees, if any, paid by you to Melvano, www.melvano.com, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the website or that the operation of the website will be error free and/or uninterrupted. Consequently, Melvano assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(a) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website;
(b) Any interruption or errors in the operation of the website.
16. COPYRIGHT & TRADEMARK
Melvano, and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the website. Access to or use of the website does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the website are owned by or licensed to Melvano. Any use of the website or its contents, including copying or storing it or them in whole or part is prohibited without the permission of Melvano.
You may not modify, distribute or re-post anything on the website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of Melvano, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the website. Access to or use of the website does not authorize anyone to use any name, logo or mark in any manner. References on the website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Melvano’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
Melvano is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.
17. INDEMNITY
You agree to indemnify and hold harmless Melvano and (as applicable) Melvano parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Melvano, made by any third party arising out of your breach or non-performance of terms of the User Agreement, Melvano rules and policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
18. GENERAL
18.1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Melvano and you shall have no authority to bind Melvano in any manner whatsoever.
18.2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Melvano to Melvano Education Private Limited [●address] (in the case of melvano.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
18.3. Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
18.4. Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and Melvano with respect to the subject matter hereof.
18.5. Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Melvano may transfer its rights and obligations (also known as "assign") under this Agreement without your prior express consent, provided that Melvano assigns the Agreement on the same terms or terms that are no less advantageous to you.
18.6. Disputes Resolutions
Generally, transactions are conducted smoothly on Melvano. However there may be some cases where the users may face issues. At Melvano, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
A 'Dispute' can be defined as a disagreement between a Service Provider and a Service Recipient in connection with a transaction on the website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Service Provider/Service Recipient raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a Service Recipient raises a dispute, the Service Provider’s payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' resolved?
Whenever there is a disagreement relating to any transaction, the users can write to [email protected] in order to raise a dispute. Once a dispute is raised by either party, Melvano shall try to mediate and the resolve the matter amicably.
If Melvano has suspicion or knowledge, that any of its buyers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Melvano may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the display name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.
Melvano reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Melvano may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defrauds or deceives, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
18.7. Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
19. ARBITRATION
If any dispute arises between you and Melvano during your use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Melvano. The place of arbitration shall be Kanpur, Uttar Pradesh. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
20. GOVERNING LAW
The User Agreement along with the Privacy Policy (incorporated here by reference) or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between you and Melvano shall be subject to the exclusive jurisdiction of courts at Kanpur, Uttar Pradesh.
21. Refund Policy
At Melvano, we value your satisfaction with our services. If you have subscribed to our premium services and wish to cancel your subscription for any reason, you are eligible for a refund within the first 24 hours of your initial subscription.
Refund Conditions:
- The refund request must be submitted within 24 hours of the initial subscription.
- To initiate the refund process, please contact our customer support team at [email protected].
- Refunds will be processed using the same payment method used for the initial subscription.
- Refunds are not applicable beyond the initial 24-hour period.