TERMS AND CONDITIONS
Terms of Use
This document is an electronic record in terms of the Information Technology Act of 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act of 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 Terms of Use for access or usage of the “Manasprint.com” website.
Welcome to Manasprint.com (hereinafter referred to as “Website or Site”), the domain name, which is owned by MYRTUS EDUCATION TECHNOLOGY AND CREATIVE CONTENT PVT LTD, a company incorporated under the Companies Act 2013 and having its registered office at First Floor, No. 19/4, Hanumakka Patel Ramaiah Complex, Kothanur Hennur Main Road,Kothanur, Bengaluru (Urban), Karnataka, 560077](hereinafter referred to as “Myrtus” or “Company.”)
The terms and conditions contained herein along with the Privacy Policy regulates the use of Website. By accessing or using the Website and procuring the online tutoring services of ManaSPRINT (hereinafter collectively referred to as “Services”), however accessed you agree to be governed by the following terms and conditions (“Terms of Use” or “Agreement”) as applicable to the Services including the applicable policies which are incorporated herein by way of reference. If you transact/register on the Website, you shall be subject to the policies that are applicable to the Services for such transaction. By mere use of the Services, you shall be contracting with ManaSPRINT and these terms and conditions including the policies constitute your binding obligations with ManaSPRINT. These Terms of Use affect your legal rights and obligations. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions contained in this Terms of Use or Privacy Policy, you shall refrain from access or use of the Service.
For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person who has agreed to become a member of the Services by providing registration data or login data while registering on the Services as registered user using the computer system. ManaSPRINT does not allow the User to surf the Services or making purchases without registering on the Services. The term “we”, “us”, “our” shall mean ManaSPRINTucation Technology Private Limited
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by the ManaSPRINT’s Privacy Policy.
All services and information displayed on Site shall constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. ManaSPRINT reserves the right to accept or reject your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon us intimating a confirmation to you regarding the Services you have ordered. No act or omission of the Company prior to the actual confirmation will constitute acceptance of your offer.
Membership Eligibility
Use of Services available in the Site is available only to persons who can form legally binding contracts under Indian Contracts Act, 1872. In the event a minor utilizes the Site/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. ManaSPRINT will not be responsible for any consequence that arises as a result of misuse of any kind of the Services that may occur by virtue of any person including a minor registering for the Services provided. By using the Services You warrant that all the data provided by You is accurate and complete and that individual using the Website has obtained the consent of parent/legal guardian (in case of minors). ManaSPRINT reserves the right to terminate Your subscription and / or refuse to provide You with access to the Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that ManaSPRINT does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Website. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. The Site is not available to persons whose membership has been suspended or terminated by Manasprint.com for any reason whatsoever. Unless otherwise specified, the materials on this Website are directed solely at those who consume our Services. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Manasprint.com undertakes to provide the services only within India and shall not be liable for any claims relating to any products or services ordered from outside India.
Except where additional terms and conditions are provided which are service specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Services of Manasprint.com and accessing the Website you agree to be bound by this Terms of Use. In cases where there is conflict between the service specific terms and conditions and these Terms of Use, such service specific terms and conditions shall override this Terms of Use.
Governing Law and Jurisdiction
This Terms of Use shall be governed and construed in accordance with the applicable laws of India. The Courts at Bengaluru shall have exclusive jurisdiction in any proceedings or disputes arising out of this Terms of Use.
Account and Registration Obligations
You hereby agree that you shall:
- Provide true, accurate, current and complete information about yourself as prompted by Manasprint.com’s registration form (such information being the “Registration Information and Profile Information” or any “Access Credentials”)
- Maintain and promptly update the Access Credentials to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Manasprint.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Manasprint.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
- You are responsible for any activity that occurs under your Access Credentials and you agree you will not sell, transfer, license or assign your account or any account rights.
- When you use the Services or send emails or other data or information or communications to ManaSPRINT, you agree and understand that you are communicating with ManaSPRINT through electronic records and you consent to receive communications via electronic records from the Company periodically and as and when required by Manasprint.com.
Pricing Information
Our Site provides users with access to live tutoring and assistance in order to prepare them for CBSE and other competitive exams. While ManaSPRINT strives to provide accurate pricing information, pricing errors or typographical errors may occur. Manasprint.com cannot confirm the price of a service until after your order is placed by you on the Website and confirmed. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Manasprint.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product or service. In the event that a service carries an incorrect price, Manasprint.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the service ordered by you has been confirmed, your offer will not be deemed accepted/confirmed and Manasprint.com will have the right to modify the price of the service and contact you for further instructions using the e-mail address or contact number provided by you during the time of registration or cancel the order and notify you of such cancellation. In the event that Manasprint.com accepts your order the same shall be debited to your credit card account or debit card account or your designated bank account and duly notified to you by email or phone that the payment has been processed. The payment may be processed prior to Manasprint.com delivery of the service that you have ordered on the Site.
The mandatory payment of 2 (two) months fees that are required upfront at the time of subscription and purchase will not be refundable by any means. All mandatory fees are non-refundable. All refunds and cancellation provisions shall be governed by the Refund and Cancellation Policy.
User Restrictions
You shall not perform any of the following activities to ensure the safety of other users of the Services provided by ManaSPRINT:
- Making available any content that is misleading, unlawful, harmful, threatening, abusive, torturous, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- Stalking, intimidating and/or harassing another and/or inciting another to commit violence.
- Transmitting material that encourages anyone to commit a criminal offence that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Impersonate any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else.
- Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website and Services, violate any requirements, procedures, policies or regulations of networks connected to the Website and Services, or engage in any activity prohibited by these Terms.
Child Safety
ManaSPRINT firmly believes in the privacy, security and safety of all children and strives to maintain best practices to protect the individuals who have a registered account for our Website and Services. ManaSPRINT may not have control over every person that accesses the Website and Services or of third parties and is not personally liable or responsible in the event of any negligence, misconduct or abuse. We shall provide the required cooperation, assistance and support to any parent or guardian of any individual within the reasonable limits of our scope of control.
Code of Conduct
ManaSPRINT maintains best practices and expects all our employees and staff to behave in a professional and courteous manner at all times. In dealing with individuals the following expectations stand true: listen to the child and, their views and opinions; have a non-judgmental attitude; treat every child with empathy and respect regardless of his/her race, colour, gender, sexuality, religion, language, heritage, religious belief, or social origin; use appropriate language, behaviors while interacting with the child; create an environment that enables children to share and express freely; ask for permission and written consent from guardian before taking photos or videos of a child; keep all personal information of children, their parents and guardians confidential and secure; Website and Services are age appropriate.
Prohibited Actions
ManaSPRINT expressly prohibits inappropriate behavior towards our registered individuals that is exploitive, abusive or a misuse of authority including but not limited to developing or inducing any type of emotional or physical relationship; encouraging the use or abuse of alcohol, drugs or other intoxicating products; inappropriate financial relationship; sharing inappropriate content; any type of harassment, bullying or violence or encouraging harassment, bullying or violence; using any language or behavior that is inappropriate sexually provocative, demeaning, intimidating, discriminatory, or culturally insensitive. Any of the above-mentioned is viewed as a violation and breach of our policies and procedures and a reason for further action including but not limited to termination of employment or accounts, and any legal action as deemed necessary.
Colors and textures
We have made every effort to display the colors and textures of our services that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color/texture will be accurate. ManaSPRINT shall not be liable for any perceived inaccuracy of the color and texture of any designs or images or videos that are available on the Website. The product or the service is displayed on ‘as is’ basis on the Website and the User or any prospective customer understands that the same is subject to differences that are beyond the control of ManaSPRINT.
Modification of Terms and conditions of Service
ManaSPRINT may at any time modify or revise or amend this Terms of Use or Privacy Policy or any other policy that governs the use of this Website without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on Manasprint.com. You can access the latest version of the User Agreement at any given time on Manasprint.com. You should regularly review the User Agreement on Manasprint.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service and delete the account on the Website. However, if you continue to use the service you shall be deemed to have agreed to and abide by the modified or amended User Agreement.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, improvements and other submissions disclosed, submitted or offered to ManaSPRINT on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain exclusively the property of ManaSPRINT. You understand that such information or ideas or other submission shared in the Website would constitute Proprietary Information of ManaSPRINT. Further, any such disclosure, submission or offer of any Comments made by you shall constitute an assignment to ManaSPRINT of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, ManaSPRINT owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments that are made by you while using or accessing the Website. ManaSPRINT will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. ManaSPRINT is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.
ManaSPRINT does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant ManaSPRINT the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to bear all claims made against ManaSPRINT resulting from any Comments you submit. ManaSPRINT and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. You hereby agree to indemnify and hold harmless ManaSPRINT and its affiliates for any loss or damage, including any loss of reputation or good will, incurred by it, because of your infringement of copyright or any other intellectual property rights of third party in the Comments shared by you in the Website. Any claims initiated by any third party against ManaSPRINT because of such breach of law committed by you shall be indemnified by you.
Copyright & Trademark
ManaSPRINT reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. ManaSPRINT claims exclusive ownership or license to the materials or products available in the Website. While ManaSPRINT grants you a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to access and browse through the services that are available on the Website, access to this Site does not confer and shall not be considered as conferring upon anyone any license to the intellectual property rights over the products available on the Website. All rights, including copyright, in this Website are owned by or licensed to ManaSPRINT. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of ManaSPRINT. You may not modify, distribute or re-post anything on this Website for any purpose.
ManaSPRINT’s names and logos and all related product and service names, design marks and slogans are registered trademarks or service marks of MYRTUS EDUCATION TECHNOLOGY AND CREATIVE CONTENT PVT LTD All other marks are the property of their respective companies or third-party vendors or suppliers. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any trade name, logo or mark in any manner.
References on this Site 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 ManaSPRINT endorsement, sponsorship or recommendation of the third party, information, product or service.
ManaSPRINT 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 link to any such third-party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. Upon acquiring prior consent of ManaSPRINT, You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of ManaSPRINT or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by ManaSPRINT, one of its affiliates or by third parties who have licensed their materials to ManaSPRINT and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of ManaSPRINT and is also protected by relevant Indian and international copyright laws.
Objectionable Material
You understand that by using or accessing this Site or any services provided on them, 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, ManaSPRINT and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
Termination
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ManaSPRINT NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “ManaSPRINT PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE ManaSPRINT CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ManaSPRINT OR VIA THE SERVICE. IN ADDITION, ALL ManaSPRINT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE ManaSPRINT PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ManaSPRINT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE ManaSPRINT PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ManaSPRINT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE ManaSPRINT PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. ManaSPRINT WILL NOT BE LIABLE TO YOU IN ANY WAY OR IN RELATION TO THE CONTENT OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THE SERVICES. ManaSPRINT DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THEIR SERVERS OR ELECTRONIC COMMUNICATION SENT FROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ADDITIONALLY, ManaSPRINT DOES NOT REPRESENT OR WARRANT THAT AVAILING OF THE SERVICES OFFERED BY CONNECT ED, IN ANY MANNER, GUARANTEE ANY PARTICULAR OR FAVOURABLE RESULT IN ANY EXAMINATION CONDUCTED BY ANY SCHOOL, COLLEGE, EDUCATION BOARD OR A STATUTORY BODY.
Limitation of Liability and Disclaimers
Without prejudice to the generality of the section above, the total liability of ManaSPRINT to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the services ordered by you.
ManaSPRINT, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, ManaSPRINT assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. In no event will the ManaSPRINT total liability to you for all damages, losses or causes or action shall exceed One Hundred Indian Rupees (INR 100.00).
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, “overloading,” “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ManaSPRINT will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from ManaSPRINT on this Site and other than generally available third-party web browsers (e.g., Microsoft Edge, Google Chrome, Mozilla Firefox).