A. Terms of Use (“ Terms of Use”) is a legal agreement between The User (“ User”/ “Customer”/“You ”/“Your”, which terms shall include the persons that access, use, and/or participate in the Platform in any manner), and Myelin Foundry Private. Ltd (hereinafter referred to as “We”, “ Us”, “Company” or “Our ”), which provides services to its customers and is the owner of website located at www.myelinfoundry.com and any other page or sub-page which is operated by the Company (“ Website ”). Where the context so requires, the Website shall be referred to as the (“ Platform”).
B. Company has established a Privacy Policy available at www.myelinfoundry.com (“ Privacy Policy ”), that explains to Users how their information is collected and used. The Privacy Policy is referenced below and is deemed to be incorporated into the Terms of Use set forth herein by reference. Your use of the Platform is also governed by the Privacy Policy.
C. These Terms of Use, read with the Privacy Policy, are an electronic record under the Information Technology Act, 2000, and the rules made thereunder and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against You under the law by way of Your acceptance hereof. The Company may modify these Terms of Use and any other documents incorporated by reference herein at its sole discretion for complying with the extant legal and regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms of Use with or without any notification to You on the Platform. It is Your responsibility to review the Terms of Use for any changes and You are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. If You do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.
1. Eligibility
1.1 By visiting the Platform or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Platform in a manner consistent with any and all applicable laws and regulations in addition to these Terms of Use.
1.2 You represent, acknowledge and agree that: (a) all the information that You submit is truthful, current, complete and accurate, (b) You will maintain the currency, completeness and accuracy of such information and (c) Your use of the Platform and the services offered through the Platform do not violate any applicable law or regulation applicable either to You, the Platform or the Company.
2. Acceptance of terms
2.1 These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in the Platform. The Privacy Policy is deemed to be incorporated in the Terms of Use by reference and the said Privacy Policy shall apply to all Users of the Platform.
2.2 In addition to the Terms of Use, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that the Company may set forth from time to time and any other restrictions or limitations that the Company publishes on the Platform (the “ Additional Policies”). You hereby always agree to comply with the Additional Policies and Your obligations thereunder.
3. License to use
Company hereby grants You a non-exclusive, revocable, limited license to use the Platform in the manner and on the terms and conditions as set forth in these Terms of Use; provided, however, that (i) You will not copy, distribute, or make derivative works of the Platform in any medium without the Company’s prior written consent; (ii) You will at all times act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
4. Rights of the company and obligations of the user
In allowing You to use the Platform in the manner intended herein, the Company shall have the following rights and You, as the User, shall have the corresponding obligations. The list provided hereunder is illustrative in nature and shall be read in conjunction with, and not in derogation of, with the other rights of the Company and Your obligations, provided elsewhere in these Terms of Use or any documents referenced herein.
a. Provide, disclose or transfer such information and documents to any third parties including its partners, service providers, cloud storage service, subsidiaries, affiliates and any other such service providers to facilitate transactions;
b. Aggregate such data available on the Platform, including but not limited to information, documents, provided by the User to create a repository, master file or any other aggregated data set of skills, trends, domain knowledge or User preferences for use of the same by the Company for any lawful purpose whatsoever;
c. Undertake such actions for removal of offensive, discriminatory, illegal, defamatory, infringing content or postings or feedback on the Platform and more specifically any infringing or offensive articles posted by any User on the Platform as provided elsewhere under these Terms of Use;
d. Such other rights as may be required to control the use, misuse or abuse of the Platform in any manner or in order to comply with, of avoid non-compliance of, these Terms of Use, applicable laws, rules or regulations.
5. Intellectual property rights
5.1 The Content on the Platform (exclusive of all Content submitted by You, except to the extent mentioned below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Company Data”) and the trademarks, service marks and logos contained therein (“ Marks”), are owned by the Company. Other trademarks, names and logos on this Platform are the property of their respective owners.
5.2 Company Data on the Platform is provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners. You agree not to use, copy, or distribute, any of the Company Data or Marks other than as expressly permitted herein.
5.3 You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Company Data or enforce limitations on use of the Platform or the Company Data therein.
5.4 The Platform contains Company Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in the Company Data and Marks. The Platform may also contain Data of other Users or licensors, which You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell.
6. No Confidentiality
6.1 The Company may also disclose User information including personal information if the Company reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate the Company’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce these Terms of Use, (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud), (vi) with our other corporate entities and affiliates to the extent it would help to facilitate joint or co-branded services that You request where such services are provided by more than one corporate entity (viii) of Your personal information with another business entity would be pertinent should we (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamation, restructuring of business. Should such a transaction occur then such other business entity (or the new combined entity) will be required to follow the Privacy Policy with respect to Your information and therefore will not require Your further consent.
7. Disclaimers
You further acknowledge and understand that You may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its shareholders, employees, managers, operators, directors, officers, agents, affiliates, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Platform.
8. Suggestions
If You send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such suggestions. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the suggestions are in fact implemented.
9. Copyright Infringement Take Down Procedure
The Company has high regard for intellectual property rights and expects the same to be employed by its Users. The Company may, in appropriate circumstances and at its discretion, prohibit access to the Platform of Users who infringe upon the intellectual property rights of Company or of any third party.
10. Your representations and warranties
You hereby represent, warrant, covenant and certify that: (a) You have the authority to enter into these Terms of Use, (b) You agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein and applicable law; and (c) You are not bound by any existing or past contracts or arrangement which would conflict with Your use, access and provisioning or obtaining of services through the Platform and in the event any such conflict will hold harmless the Company and its shareholders, directors, officers, managers, members, employees, attorneys, agents, and successors in rights from any claims, demands, liabilities and damages (actual and consequential) arising due to such conflict.
11. Disclaimer of warranties
You agree that Your use of the website shall be at Your own risk. To the fullest extent permitted by law, the Company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with the Platform, the services offered on or through the Platform, truth, accuracy or completeness of any information or material contained or presented on the Platform. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Platform, the services offered on or through the Platform, data, materials, submitted content, and any information or material contained or presented on the Platform is provided to You on an “as is”, “as available” and “where is” basis with no warranty, express or implied, of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the platform, postings, feedback or content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform, any interruption or cessation of transmission to or from the platform, any defamatory, offensive, or illegal conduct of any third party or user, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the platform or content posted, emailed, transmitted, or otherwise made available via the Platform.
12. Limitations of liability
12.1 In no event shall the Company, affiliates or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, suppliers, attorneys or agents, be liable to You for any direct, indirect, incidental, special, punitive, consequential or exemplary damages whatsoever resulting from any: (i) errors, mistakes or inaccuracies of data, marks, content, information, materials or substance of the platform or content, (ii) any unauthorized access to or use of secure servers and/or any and all personal information, (iii) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform (iv) any interruption or cessation of transmission to or from the Platform; (v) any errors or omissions in any data, content, information, materials or substance of the Platform or content; (vi) use of any data, marks, content, information, materials or substance of the Platform or content posted, emailed, transmitted, or otherwise made available on or through the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
12.2 The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event shall the total aggregate liability of the Company, or any of the above-referenced respective parties, arising from or relating to the Platform, and/or content exceed a sum of Rs. 1,000 (Rupees One Thousand).
13. Indemnification and release
You agree to defend, indemnify and hold harmless the Company, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from Your use of, access to, the Platform; Your violation of any provision of the Terms of Use, including the Privacy Policy; Your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; any claim that the information and/ or content submitted by You caused damage to a third party; any violation of the payment terms including any claim of alleged forgery raised against user; or breach of Your express or implied representations and warranties.
14. Modifications to platform
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform services offered by the Company.
15. Grievance Redressal Mechanism
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Attention: Sridhar Vaidyanathan
Myelin Foundry Private Ltd
A-202/203, Miraya Rose,
2nd Floor, Siddapura, Whitefield,
Bengaluru, Karnataka 560066.
Email ID: sridhar_vaidya@www.myelinfoundry.com
16. Miscellaneous
16.1 Governing Law and Jurisdiction
The Terms of Use shall be governed in all respects by the laws of India and courts at Bangalore shall have exclusive jurisdiction.
16.2 Advertisements
The Company may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by the Company on the Platform are subject to change and the appearance of advertisements on the Platform does not imply endorsement by the Company of any advertised products or services. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
We may use third-party advertising companies to serve ads when You visit our Website(s). These companies may use information (not including Your name, address, email address, or telephone number) about Your visits to the Website(s) in order to provide advertisements about goods and services of interest to You.
16.3 Assignment
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
16.4 No Agency or Partnership
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or Your use of any part of the Platform, including without limitation, the contract between the Users. You do not have any authority whatsoever to bind the Company in any respect.
16.5 Force Majeure
Neither the Company nor You shall be liable to the other for any delay or failure in performance under the Terms of Use arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
16.6 Consent for Receipt of Phone Calls, SMSs and/or E-mails
It is further clarified that Your registration on the Platform shall be deemed to be Your consent to be contacted for the purposes mentioned above and for promotion of goods and services of the Company, (i) on the mobile number shared by You even if You are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
16.7 No Third-party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
16.8 Notice
You agree that the Company may provide You with notices, including those regarding changes to the Terms of Use, by email, regular mail, or by postings such changes on the Platform.
16.9 Entire Agreement
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Platform, shall constitute the entire agreement between You and the Company concerning the Platform.
16.10 Severability
If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
16.11 No Waiver
No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
16.12 Statute of Limitations
You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
16.13 Section Headings
The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.
