1. Terms of Service

Scope Motiveminds creates, owns and operates multiple websites, product, or content or services (each individually referred to hereunder as a “Motiveminds Service” or “Service” and collectively “Motiveminds’s Services” or “Services”). These Terms of Use govern Your (“You” or “your“) access to and use of the Motiveminds websites. The Motiveminds websites allow other Motiveminds software experts, developers, users, and other interested parties (each a “User” and collectively, “Users“) to engage in a variety of activities, such as: find information, purchase and/or research Motiveminds software and services, obtain support for Motiveminds software and services, share information with Motiveminds and third parties, post comments, blog, provide reviews, and engage in conversations and activities related to Motiveminds’s products and services. The websites, products and services also include information created and published by Motiveminds (“Motiveminds Materials”) and third parties (“User Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the Motiveminds Materials and User Content are referred to as “Content”).

 

2. Acceptance of Terms

Your access to and use of the Services is subject to and governed by these terms of use (“TOU” or “Terms”), including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to Your use of or access to any particular Service(s). If there is a conflict between the terms in this TOU and any additional legal terms, the additional legal terms shall control. This TOU forms a legally binding agreement between You and Motiveminds. By clicking an “I Accept” button as part of a registration process, or otherwise demonstrating Your consent to this TOU through your use of the Service, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You should not click the “I Accept” button (or equivalent) on any form fills or registration process, or attempt to access or use any Service. Motiveminds may modify the TOU periodically. If the terms of the TOU change, Motiveminds will provide notice, which may include, but is not limited to notice provided through the Services. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, You must discontinue Your use of the affected Services.

 

3. User Content License

This Website contains proprietary notices and copyright information, the terms of which must be observed and followed. Motiveminds grants You non-exclusive, non-transferable, limited permission to access and display the Websites within this site as a customer or potential customer of Motiveminds, provided You comply with these TOU, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Website as permitted by this Website’s robots.txt protocol, and Motiveminds may block any crawlers at its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., You may not sell any of the Content You access on or through this Website). All other use of this Site is prohibited. Except for the limited permission in the preceding paragraph, Motiveminds does not grant You any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to You, without prior notice, and You must immediately destroy all copies of downloaded materials in Your possession, custody or control.

 

4. Use of Motiveminds Websites and Content

The Motiveminds Websites and Content are for Your non-commercial use, that is, Your use must not be intended for or directed towards commercial advantage or monetary compensation. As a condition of Your use of the Site, You warrant to Motiveminds that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not use the Site to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Motiveminds or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Motiveminds content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of Motiveminds and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of Motiveminds or our licensors except as expressly authorized by these Terms.

 

5. Personal Information, Privacy and Data Protection

Some of the information available on Motiveminds Websites require that You provide consent to access the information. In other cases, You may be required to become a registered user. Before You can access information and/or this Website or other Motiveminds web properties, You may have to register with Motiveminds and provide Motiveminds with certain information, which may include personally identifiable information, such as Your name and Your email address (“Personal Data”). By providing Motiveminds with Personal Data, You expressly agree that Motiveminds may collect, use, store and otherwise process Your Personal Data for the purpose of providing You with access to the requested information and/or Motiveminds Websites and related activities and communications.

You can always correct or update Your Personal Data. You may also request information about Your Personal Data stored with Motiveminds. Please note that if You request the deletion of Your account or Personal Data, You might not be able to further access and use the Motiveminds Websites, solutions user content, or services.

You understand and agree that Motiveminds collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Motiveminds Websites, subject to Motiveminds’s Privacy Policy.

YOU AGREE TO COMPLY WITH THE TERMS OF THE MOTIVEMINDS PRIVACY POLICY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE “PRIVACY” LINK AT THE BOTTOM OF EACH WEB PAGE ON MOTIVEMINDS WEBSITES.

 

6. Collection of Personal Information

You may choose to give Motiveminds Personal Data directly in a variety of situations. For example, You may want to give us Your name and contact information for Motiveminds to communicate with You, to order a product, to process an order, to register for a service, to provide You with a subscription, or to do business with us if You are a supplier or a business partner. You may also share a description of Your education and work experience in connection with a job opening at Motiveminds for which You wish to be considered. If You tell us that You do not want us to use Your information to make further contact with You beyond fulfilling Your request, we will respect Your wishes. Motiveminds may also collect information relating to Your use of our Sites, solutions and services through the use of various technologies. For example, when You visit our Websites or access our SaaS offerings, we may log certain information that Your browser sends us, such as Your IP address, browser type and language, access time, and referring Web site addresses, and we may collect information about the pages You view within our sites and other actions You take while visiting us. We may also use such technologies to determine whether You’ve opened an e-mail or clicked on a link contained in an e-mail. Collecting information in this manner allows us to collect statistics about the usage and effectiveness of our Websites, our software products and services, and to personalize Your experience and tailor our interactions with

You. For details regarding the technologies we employ, please reference our cookies policy. To learn more about the information we collect and how we use please reference our Privacy Policy.

 

7. Links to Third Party Sites/Third Party Services

Motiveminds Websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Motiveminds and Motiveminds is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Motiveminds is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Motiveminds of the site or any association with its operators. Certain services are made available via Motiveminds Websites that are delivered by third party sites and organizations. By using any product, service or functionality originating from the Websites, You hereby acknowledge and consent that Motiveminds may share such information and data with any third party with whom Motiveminds has a contractual relationship to provide the requested product, service or functionality on behalf of Motiveminds Websites users and customers.

 

8. International Users

The Services are controlled, operated and administered by Motiveminds from our offices within India. If You access the Services from a location outside India, You are responsible for compliance with all local laws. You agree that You will not use the Motiveminds Content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

9. Indemnification

You agree to indemnify, defend and hold harmless Motiveminds, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Your use of or inability to use the Sites or services, any user postings made by You, Your violation of any terms of these TOU or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. Motiveminds reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Motiveminds in asserting any available defence.

 

10. Governing Law and Jurisdiction

This agreement shall be governed by and interpreted in accordance with the laws of India without reference to its conflicts of law provisions. Both parties hereby irrevocably consent to the personal and exclusive jurisdiction of the state and federal courts located in or having jurisdiction over Karnataka, India. The substantially prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and expenses incurred.

 

11. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOTIVEMINDS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. MOTIVEMINDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MOTIVEMINDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOTIVEMINDS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY

CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOTIVEMINDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICABLE SITE.

 

12. Termination/Access Restriction

Motiveminds reserves the right, in its sole discretion, to terminate Your access to the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of India and You hereby consent to the exclusive jurisdiction and venue of courts in Karnataka in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Motiveminds as a result of this agreement or use of the Services. Motiveminds’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Motiveminds’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Service or information provided to or gathered by Motiveminds with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Motiveminds with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Motiveminds with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

13. Changes to Terms

Motiveminds reserves the right, in its sole discretion, to change the Terms under which Motiveminds Websites are offered. The most current version of the Terms will supersede all previous versions. Motiveminds encourages You to periodically review the Terms to stay informed of our updates.

 

14. Electronic Communications

You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

15. Children Under Thirteen

Motiveminds does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use the Sites or Services only with the permission of a parent or guardian.

 

16. Contact Us

Motiveminds welcomes Your questions or comments regarding the Terms at

Motiveminds Consulting Pvt Ltd No.4, Wellington Paradise, 8th Main, AECS B Block,

Singasandra, Bangalore, India. info@motiveminds.com