TERMS AND CONDITIONS FOR USERS
Last Updated: 1st July 2019
These Terms & Conditions (the “Terms”) are specifically for all individuals and businesses (the “clients”) who are using Mind Sync services. Mind Sync has solution oriented experts, aggregated over the years to provide just the right solution for your business. We support you in managing your business needs by providing an array of services which starts right from the incorporation of an entity, government registrations and filings, taxation, documentation, company secretarial services, Legal Metrology, FSSAI, Trademark, Copyright and many more. By registering on Mind Sync, you are certifying/agreeing that you have read, understood and agree to be bound by these Terms. Any violation of these Terms may result in the Client’s service requirements being declined or his/her account being permanently blocked. These Terms are constantly updated by us, so please apprise yourself often of the latest updates.
Mind Sync is a Service Aggregator that provides its services through its website and its mobile applications and related services. It provides a tech-platform to connect and engage with some of the finest professionals/Experts (like chartered accountants, cost accountants, company secretaries, lawyers and other governance and compliance professionals) quickly and easily offering support, advise and analysis to individuals and high caliber businesses worldwide (the “Clients”). We provide a world-class platform which is easy to navigate and encourages transparent and open dealings. Mind Sync gives supreme importance to keeping your information/data/ transactions confidential.
Wherever required in order to fulfill your needs, we will facilitate a connection with a suitable expert/ professional such as chartered accountants, cost accountants, company secretaries, lawyers, and other governance and compliance professionals. Please bear in mind that such professionals are not our representatives, agents or employees.
Client Representations and Conditions
By registering as a Client, you acknowledge and agree to, and represent and covenant the following:
- Certain sections of Mind Sync may require you to register. If registration is requested, you agree to provide accurate and complete details about yourself or the organization and the service requirements. Incomplete information may result in poor quality service and hence may get declined. Mind Sync does not permit any other person using the registered sections under your name, or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, please notify Mind Sync immediately by contacting us. Any act of unauthorized use, misinformation or hiding material information would result in your account being permanently blocked and denial to any further access to Mind Sync services. You should not further or promote any criminal activity or enterprise or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- You are strictly prohibited from transferring/selling/sharing expert’s data, for free or for a fee, to any other entity. Any such attempt would result in your account on Mind Sync being permanently blocked and would be liable for legal action against you and your organization. We take our users’ data privacy and protection very seriously and have zero tolerance policy towards it. Clients who compromise the security of the service Mind Sync provides will not be tolerated. Please do not try to gain access to system areas which are private to Mind Sync, or to other users.
- You must respond to any assignment/work-related concerns of the expert that we may bring to your notice within 72 working hours. Failure to do so may result in a temporary suspension of your assignment till we receive a response from you.
- If you come across any suspicious activity, content or behaviour on Mind Sync portal by an expert or any other user, you must report it to Mind Sync immediately so that necessary actions can be taken.
- While we put our best efforts to reach out to the best-skilled professionals available, your service request with Mind Sync does not guarantee the hiring of an expert.
- You agree to not use the Service to:
a. Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) poses or creates a privacy or security risk to any person; (iv) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of Mind Sync, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Mind Sync or its users to any harm or liability of any type;
b. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
c. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Mind Sync’s Role
Under no circumstances shall Mind Sync or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, Mind Sync. Your sole and exclusive right and remedy in case of dissatisfaction with Mind Sync related services, or any other grievance shall be your termination and discontinuation of access to or use of Mind Sync portal.
General Practices Regarding Use and Storage
You acknowledge that Mind Sync may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by Mind Sync and the maximum storage space that will be allotted on Mind Sync servers on your behalf. You agree that Mind Sync has no responsibility or liability for the deletion or failure to store any data or other content or loss of data resulting from deliberate deletion or from an accident or, system or network outages, backup failure, file corruption, or any other reasons. You acknowledge that Mind Sync reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Mind Sync reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Client is obligated to use Mind Sync online invoicing platform, to pay for their work. When a Client makes a payment, the Client (User) will credit Mind Sync who will hold the payment and then pay out the amount to the expert after delivering of service, less a pre-agreed percentage commission fee/ Service fee decided mutually between Expert and Mind Sync (the “Service Fee”) for creating, hosting, maintaining, and providing Mind Sync Services. The Clients are solely responsible for all tax returns filings and payments required to be made to any central, state, or local tax authority in any nation. If Client, fails to pay Mind Sync fees or any other amounts due under the service contract including any tax by whatever name called, whether by canceling Client’s credit or debit card, initiating an improper chargeback, or any other means, Mind Sync may suspend or close the Client’s profile and revoke Client’s access to Mind Sync, including Client’s authority to use Mind Sync to process any additional payments or obtain any additional expert Services. Please refer Mind Sync Service Satisfaction Assurance Policy for payment and refund related terms and conditions.
Feedback: Review and Rating
For the benefit of other Users of the platform, Mind Sync encourages you to leave reliable feedback in the form of reviews and ratings, of the experience with regard to the service delivered by Mind Sync. You acknowledge and agree that Mind Sync will make the feedback available to the public based on these individual ratings. Mind Sync does not investigate any feedback posted by you, for accuracy or reliability but may do so if a User requests Mind Sync. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. Mind Sync is not legally responsible for any feedback posted on the platform by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Mind Sync reserves the right (but is under no obligation) to remove posted feedback or information that negatively affects Mind Sync operations.
Intellectual Property Rights
Mind Sync claims no ownership or control over any content including any text, data, information, and files that you submit, share, display on or through Mind Sync services. Further, by displaying the content on Mind Sync, you represent that you own all the intellectual property rights to the content or you have obtained any necessary permissions or licenses to such content in order for such content to be transferred and/or licensed in accordance with these Terms. By submitting, posting or displaying content on or through Mind Sync services which are intended for the public, you grant Mind Sync a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such content on Mind Sync for the purpose of distributing, displaying and promoting Mind Sync services.
Third Party Material
Under no circumstances will Mind Sync be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Mind Sync does not pre-screen content, but that Mind Sync and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Mind Sync and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Mind Sync, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You agree to indemnify and hold Mind Sync, its affiliates and their officers, employees, directors, shareholders and agents (collectively, “Indemnitees”) harmless from any and all liability, losses, damages, expenses (including reasonable attorneys’ fees), rights, claims, actions of any kind or injury (including death) (collectively, “Losses”) arising out of or relating to your access to or use of the Service through site or mobile application, any User Content which you supply to Mind Sync, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any Losses incurred as a result of any action or inaction of such Indemnitee.
No Rendering of Advice:
The information contained on our website is provided for informational purposes only. It is not intended to substitute for obtaining professional advice from any of our professional experts.
If you agree to avail the services on our website, you are giving us permission to make the selection of right expert for and on your behalf. If you disagree with these terms and conditions or do not want us to choose a suitable professional to fulfill your request, please do not use our services.
The presentation of the information on our website is not intended to create or constitute a Professional expert-client relationship and your use of our sites and services does not and will not in any circumstance create any such relationship between you and us. All subscribers, users, and online readers are highly advised not to act upon this information found on our website without seeking the services of a professional expert. Please contact us via call, email or filling the form available on the website, as we will be happy to discuss further.
Accuracy of Information:
While we use every reasonable effort to furnish accurate and up-to-date information, due to changes in the law and regulations, we cannot and we do not guarantee that any information that is contained in or made available through our website is accurate, complete, reliable, current, or error-free.
Sometimes, the law, legal requirements, rules, and regulations are location specific and may differ from location to location. The general information or other material we provide cannot fit every situation or circumstance. We assume no liability or responsibility for any errors or omissions in the content of this website or such other materials or communications.
Disclaimer of Warranties:
The information contained in this website is for general information purposes only. Your use of services of Mind Sync is at your sole risk. All content and functionality provided on Mind Sync portal are provided “as is” and on an “as available” basis without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Mind Sync makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
Mind Sync acts as a platform that facilitates communication between experts/professionals and potential users of professional services. There are risks that you assume when dealing with experts. You agree that, while Mind Sync makes efforts to conduct ongoing diligence on its experts, Mind Sync does not control the experts and is not responsible for the effectiveness of their services. Mind Sync does not vet the specific advice provided by experts to their clients. As a result, Mind Sync does not guarantee or endorse the authenticity, quality, safety, or legality of any specific transaction. Additionally, Mind Sync cannot guarantee the ability or intent of experts to fulfill their obligations in any specific transaction.
Third Party Websites:
The Experts may provide, or third parties may provide, links or other access to other sites and resources
on the Internet. Mind Sync has no control over such sites and resources and Mind Sync is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Mind Sync will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Mind Sync is not liable for any loss or claim that you may have against any such third party.
Limitation of Liability
Mind Sync is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with your use of Mind Sync. In no event, shall Mind Sync be liable to you or any other party for any damages resulting from or relating to your participation as a Client, or the business operations of Mind Sync, including without limitation for any incidental, consequential, punitive, or special damages and even if Mind Sync was informed of the possibility of such damages.
These Terms are governed by the Laws of India without regard to any conflicts of law provisions. Any dispute, controversy or claim arising or relating to these Terms shall be exclusively and finally determined under the rules of “The Arbitration & Conciliation Act, 1996” in effect from time to time. The venue for all arbitrations shall be Bangalore, India unless otherwise agreed by the parties in writing. The language to be used in the arbitral proceeding will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Each party is responsible for its own legal fees, and the arbitrator may not include the payment of attorneys’ fees or expenses as a part of any award. You and Mind Sync are agreeing to give up any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim.
The invalidity or unenforceability of any provision of these Terms shall not for those reasons alone affect the validity or enforceability of any other provision of these Terms.
The provisions of sections of these Terms entitled Intellectual Property Rights, Limitation of Liability (and any other provisions that, by their nature, should survive) shall survive any termination or expiration of these Terms.
Mind Sync reserves the right to suspend, limit, cancel or deny further access to its service to any user who violates these rules at any time for any reason without notice, including because: (i) we believe you have violated these Terms; (ii) we believe you have violated our rights or the rights of any third party; (iii) we are unable to verify or authenticate information you have provided to us; or (iv) we believe your actions may create liabilities for you, us or a third party; (v) we believe you are promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group, individual or society.
By registering as a Client with Mind Sync, you agree and accept the Terms and also declare that you will abide by all the obligations and responsibilities towards Mind Sync as set forth in these Terms.