Acceptance of this Agreement
Welcome to Mendskills! These terms and conditions ("Terms and Conditions") govern your use of our website ("Website"). Throughout this Agreement, "Mendskills" is referred to as the "Company," "us," or "we," while "you" refers to a user or a paying customer. If you are a company or grant access to Mendskills products, your access is subject to these terms and conditions. By (a) using or accessing the Company Products, (b) accessing any course through the Website, you agree to the terms and conditions set forth herein ("Agreement").
We encourage you to carefully read and understand this Agreement before using our services. By using this Website or its Products and Services, you agree and warrant that you have read, understood, and agreed to be bound by these terms. For further information regarding our privacy practices, please refer to our 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 Products.
We are committed to providing a seamless and enriching learning experience through our Company Products. However, please be aware that we cannot be held liable for any changes in content provided on the Website through our products and services, including any errors, omissions, or damages incurred while using the resources available. While our Company Products are accessible to any user with internet access, we are not responsible for the charges incurred for internet services or hardware and software usage. Additionally, you are responsible for maintaining the proper functioning of your computer hardware and internet access.
To enhance security and ensure a personalized experience, certain sections of the Website require login credentials. We kindly request all users to comply with these conditions, as the Company reserves the right to block access to services for those who do not adhere to them. While we make every effort to provide uninterrupted access to our services, we cannot guarantee uninterrupted access at all times.
User Responsibilities
By using our Website and Company Products, you become part of a supportive community of learners seeking professional growth. We encourage you to embrace the learning opportunities and resources we offer to make the most of your educational journey. Thank you for choosing Mendskills as your partner in continuous learning and skill development.
Website Usage Guidelines
At Mendskills, we strive to create a positive and respectful learning environment for all users. To maintain a supportive community, we kindly request our users to adhere to the following guidelines:
Respect Others:
Do not insult, abuse, harass, stalk, threaten, or infringe upon the rights of others. Treat fellow learners and our team members with kindness and consideration.
Responsible Content:
Refrain from publishing, posting, distributing, or disseminating any defamatory, infringing, indecent, offensive, or unlawful material or information. Ensure that your contributions add value to the learning experience.
Intellectual Property:
Do not upload, install, transfer files protected by Intellectual Property Laws or software that affects other computers. Respect the intellectual property rights of others.
No Unauthorized Manipulation:
Avoid editing our HTML source code, reverse engineering, or attempting to hack our Company Products. These actions compromise the integrity of our services.
No Spam or Malicious Activities:
Do not run Spam services/scripts or engage in any activities that could adversely affect the infrastructure or disrupt the learning experience for others.
Ethical Communication:
Do not communicate spam, advertise, or sell services such as digital downloads, eBooks, or phishing links. Maintain ethical communication with fellow learners.
No Plagiarism:
Respect copyright laws and do not copy, distribute, or plagiarize our website content or user-submitted content. Properly cite and reference any external sources you use.
Comply with Regulations:
Do not use any content that violates any legal, regulatory, governmental, or network operator conditions or codes of practice. Adhering to relevant guidelines ensures a harmonious learning community.
Accessibility Policy
At Mendskills, we are dedicated to ensuring that our educational resources are accessible to all learners. To achieve this, we have a robust Accessibility Policy in place:
International Standards:
We aim to conform to internationally recognized Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and Section 508 standards. These guidelines help us create a more inclusive learning environment.
Continuous Improvements:
We understand that accessibility is an ongoing process. As we develop new technologies and features, accessibility remains a fundamental consideration in our product design and development.
Accessible Curriculum:
Our curriculum, content creators, and learning design specialists prioritize accessibility while creating our courses. We aim to provide an enriching experience for all learners, regardless of their abilities.
Prioritizing Bug Fixes:
We prioritize addressing accessibility concerns to enhance the learning experience for everyone. Your feedback is invaluable in helping us identify and resolve any accessibility issues.
Reporting Accessibility Queries:
If you have any accessibility-related queries or suggestions, please reach out to us at accessibility@mendskills.com. Your input is essential as we work towards continuous improvement.
Voluntary Product Accessibility Template (VPAT):
We have published our VPAT, which provides detailed information about the accessibility features of our products. The VPAT reinforces our commitment to transparency and accountability.
By implementing these accessibility measures, we strive to create an inclusive educational environment where every learner can thrive and achieve their full potential. At Mendskills, we believe in empowering individuals through knowledge, irrespective of their unique needs and challenges.
Links and Hyperlinks Terms
At Mendskills, our website may include links to other websites to provide additional information and resources. However, please note that we do not control the content of these external websites, and we cannot be held responsible for their website content. The sole purpose of these links is to enhance the learning experience and offer valuable insights to our users.
We kindly request all users to adhere to the following guidelines when using links and hyperlinks:
No Mirroring or Framing:
You may not mirror or frame the homepage or any other pages of our Website on any other website or webpage. Such actions can lead to misrepresentation and may compromise the integrity of our services.
No Spam Links/Anchor Text:
Do not link to our website pages and subpages using spam links or anchor text that could provide a false impression. We aim to maintain a reliable and authentic online presence for our users.
Respect Copyright and Trademarks:
Do not use or include copyrighted or registered trademarks, or any intellectual property images, designs, or content as a link to our website. Respect the intellectual property rights of others.
No Support for Harmful Content:
Do not link to or from pages that support racism, terrorism, hate speech, or any form of harmful content. We strive to foster a safe and inclusive learning environment.
No Violation of Rights:
Avoid linking to pages with content that infringes on the intellectual property of any third party, person, or entity. Respect the rights of content creators and contributors.
Comply with Legal and Regulatory Guidelines:
Do not link pages to or from content that violates any legal, regulatory, governmental, or network operator conditions or codes of practice. Adhering to relevant guidelines is essential for a responsible online presence.
By following these guidelines, you contribute to maintaining a constructive and positive learning environment for all users. We appreciate your cooperation in upholding these principles while engaging with external links.
User ID and Password
To ensure a secure and personalized experience on Mendskills, your user ID and password ("Participant Account") are exclusively for your use. Sharing your Participant Account with others is strictly prohibited and may result in the immediate blocking of your access to the Website, Services, Content, and Courseware, and the termination of your Participant Account.
As the sole account holder, you are responsible for maintaining the confidentiality and security of your Participant Account. In case of any unauthorized use or suspected breach, promptly notify us to take appropriate actions. We strongly recommend taking all reasonable steps to prevent unauthorized access and cooperating with us in any related investigations.
Please be aware that we cannot be held liable for claims related to the misuse of your Participant Account by third parties beyond our control or due to any lapses in account security on your part. Your cooperation in safeguarding your account information is essential to maintain the integrity of our services and protect your learning experience.
Content and Courseware
As part of our commitment to providing exceptional services on Mendskills, we offer access to a wide range of valuable resources, collectively referred to as "Content and Courseware." These resources include content, courseware, practice tests, and various information and documents available in diverse formats, such as audio, video, written, graphic, recorded, photographic, or any machine-readable format. These resources are designed to complement the specific training course you have enrolled in, empowering you to enhance your skills and knowledge.
Please note that we reserve the right to amend, revise, or update the Content and Courseware as necessary to ensure the most relevant and up-to-date learning experience. In such cases, additional fees may apply to access the amended, revised, or updated Content and Courseware. Rest assured, our goal is to continually enhance the quality of our offerings and provide you with the best learning opportunities.
Usage of the Website and Services
At Mendskills, we provide you with a personal, restricted, non-transferable, non-exclusive, and revocable license to access and use the Website, the Services, and the Content and Courseware offered through our platform. This license remains valid until you complete the training course you have enrolled in or until the termination of this Agreement as per the Terms and Conditions specified herein, whichever occurs earlier.
The Services and Content and Courseware are intended solely for your personal, non-commercial use to support your progress in the enrolled training course ("Restricted Purpose"). You are granted online access to the Website, the Services, and the Content and Courseware, and you may download, save, or print the Content and Courseware solely for the Restricted Purpose.
However, reproduction, transmission, distribution, sublicensing, broadcasting, dissemination, or creation of derivative works of the Content and Courseware, or any part thereof, for any purpose other than the Restricted Purpose, is strictly prohibited without our prior written consent.
Intellectual Property Rights
We want to emphasize that while you are granted a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for the Restricted Purpose in accordance with this Agreement, Mendskills remains the sole and exclusive owner of all Intellectual Property Rights and other proprietary rights associated with the Website, the Services, and the Content and Courseware.
This Agreement does not transfer, convey, or grant you any right, title, or interest, proprietary or otherwise, in the Website, the Services, and the Content and Courseware beyond the specified permissions for the Restricted Purpose. You acknowledge and agree to respect our ownership of all Intellectual Property Rights, and any unauthorized use or infringement may lead to legal consequences.
Claims of Intellectual Property Violations
At Mendskills, we take intellectual property rights seriously. If you believe that your work has been used without your permission in a manner that violates your copyright, we are committed to addressing such concerns promptly. To notify us of any copyright infringement claims, please provide the following information:
A digital or physical signature of the authorized person acting on behalf of the copyright owner.
A description of the copyrighted work that you claim has been infringed.
Details of the location on our Website where the infringing material is located, with sufficient information for us to locate it.
Your contact details, including address, telephone number, and email address.
TA statement from you, confirming the accuracy of the information provided and asserting that you are the copyright owner or acting on behalf of the copyright owner.
Please reach out to our Help and Support Team to report any copyright claims.
Transaction Terms
To make a transaction on our website, you are required to complete the payment for the selected product or service. We advise you to carefully review your payment details, including the total bill, taxes, shipping costs, and any applicable discounts, to ensure accurate processing.
Certain products may have additional terms and conditions that you must agree to before making a purchase. Please read these terms carefully to understand the specific requirements associated with the product or service.
Once a transaction is completed, you can view the invoice for the order in your account. Please note that any additional or different terms in purchase orders, documents, transmissions, or other communications will not be binding upon us unless we explicitly agree in writing.
We reserve the right to modify or change transactions without prior notice, and we may exercise our sole discretion to limit the order quantity on any item or refuse service to any individual or entity. Please be aware that we do not provide warranties of any kind, expressed or implied, with respect to products or services sold on or through our website.
Pricing Disclaimer
At Mendskills, we strive to provide accurate and up-to-date information on our website, including prices, products, and offers. However, there may be instances where certain items on our website are priced incorrectly due to human errors, technical glitches, or mismatches in pricing information received from our suppliers.
As a result, we reserve the right to change prices for all our products, offers, or deals, which may be influenced by factors such as market conditions, course termination, price changes, errors in advertisements, or other circumstances.
Rest assured, once you have made a purchase at a specific price, we will not alter the price you paid for that particular course. We endeavor to maintain transparency and fairness in our pricing practices to provide you with the best learning experience
Usage of Personal Information of Participants
Your privacy is of utmost importance to us at Mendskills. We may request and collect your personal information to enhance your learning experience and provide you with relevant information about other training courses offered by us. However, we guarantee that we will not distribute or share your personal information with any third-party marketing database or disclose it to any other entity, except on a case-by-case basis after proper verification or if required by applicable law.
Additionally, we reserve the right to feature your picture in promotional materials such as photos or videos. If you have any concerns about the use of your personal information or wish to exercise your privacy rights, please feel free to reach out to us, and we will promptly address your queries to ensure the protection of your data.
Limitation of Liability
We want to emphasize that your use of the Website, the Services, and the Content and Courseware is at your own risk. While we make efforts to ensure uninterrupted and error-free access to our services, we do not provide any warranty regarding the uninterrupted functioning of the Website or the Services or the accuracy of the information provided through them.
In no event shall Mendskills, its affiliates, directors, officers, employees, agents, and licensors be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the Website, the Services, or the Content and Courseware. This limitation of liability applies to any damages or injuries resulting from performance failure, errors, omissions, interruptions, computer viruses, communication line failures, or any other cause of action, whether in contract, tort, or otherwise.
You acknowledge that we are not responsible for the conduct of third parties or other users of the Website, the Services, or the Content and Courseware, and any risk associated with such conduct rests solely with the user. In any case, our liability, if any, shall not exceed the fee you paid for the specific training course.
Term and Termination
At Mendskills, we reserve the right to block your access to the Content and Courseware immediately in the event of your misrepresentation, default, misconduct, or breach of your obligations under this Agreement. If any Event of Default occurs, we are authorized to exercise all the rights and remedies available under this Agreement or applicable law to seek indemnification for any loss or claim resulting from such an Event of Default.
Indemnity
You agree to indemnify and hold Mendskills, its subsidiaries, affiliates, contractors, licensors, directors, officers, employees, and agents harmless from any and all claims, losses, damages, liabilities, and expenses, including attorneys' fees, arising from your unauthorized use of the Website, the Services, and the Content and Courseware or any violation or breach of this Agreement.
Waiver
Any failure or delay on our part to exercise any right, remedy, power, or privilege under this Agreement shall not constitute a waiver of such right, remedy, power, or privilege, nor of the exercise of any other right, remedy, power, or privilege. Waiver of any rights or consent to any breaches shall only be valid if made in writing and signed by the party granting such waiver or consent.
Severability
If any provision of this Agreement is held invalid or unenforceable under applicable laws, the remaining provisions shall continue in full force and effect. In such cases, the Agreement shall be deemed reformed to replace the invalidated or unenforceable provision with a valid and enforceable provision that aligns with the intentions of the parties.
Governing Law and Jurisdiction
For Participants who are residents of the U.S.A., this Agreement shall be governed by and construed in accordance with the Laws of California. The courts located in San Francisco, California, shall have exclusive jurisdiction over any matter related to, in connection with, or arising out of this Agreement. For Participants who are not residents of the U.S.A., this Agreement shall be governed by and construed in accordance with the Laws of India. The courts in Bangalore, India, shall have exclusive jurisdiction over any matter related to, in connection with, or arising out of this Agreement.
Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without prior notification. The revised agreement will be published on the Website to inform you of the changes. Your continued use of the Website, the Services, and the Content and Courseware following the posting of changes constitutes acceptance of those changes. You are not permitted to assign this Agreement or its rights and obligations to any third party.
Entire Agreement
This Agreement, along with the Privacy Policy, Refund Policy, and any additional guidelines or disclaimers posted on the Website, constitutes the entire agreement governing your use of our website. This Agreement supersedes any prior agreements relating to any matter covered herein.
Grievance Redressal
For any concerns or queries, we encourage you to reach out to us. We will make all reasonable efforts to address your grievances promptly. You may contact us at support@mendskills.com for grievance resolution.