Terms Of Use

These website terms of use (“Terms of Use”) are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, and rules made thereunder, as well as the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These terms of use do not require any physical, electronic, or digital signature.

These Terms of Use are legally binding documents between the User and mindZcloud (both terms are defined below). These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record). They will govern the relationship between User and mindZcloud for the use of the Website (defined below).

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, under the Information Technology Act, 2000, which require publishing the rules and regulations, privacy policy, and user agreement for access or usage of the Website.

These Terms of Use of the Website located at the URL https://www.mindZvue.com/ (the “Website“) is between mindZvue Technologies Private Limited, a subsidiary company of mindZvue Technologies Private Limited (hereinafter referred to as “mindZvue” or “We” or “Us” or “Our“) and the guest users of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “User“) describe the terms on which mindZvue offers You access to the Website and such other services as are incidental and ancillary thereto (“Services“).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

These Terms of Use, together with the Privacy Policy and/or any other policies or terms of the Website that may apply to specific Services (“Additional Service Terms“), together with all other notices, disclaimers, and guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)“) constitute the entire Agreement upon which You are allowed to access and use the Website and avail yourself of the Services.

1. GENERAL

• 1.1 mindZvue Technologies Private Limited is a company incorporated under the laws of India, with its registered office in Nagpur, India, and having CIN U72200MH2020PTC340198.

• 1.2 mindZvue is an online software service provider that helps customers install, configure, and integrate their Salesforce products and customize them according to their requirements (“Services“).

• 1.3 These Terms of Use are subject to revision by mindZvue at any time. Hence, the Users are requested to read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. Suppose such a facility is provided on the Website. In that case, You can determine when mindZvue last modified any part of the Agreement by referring to the “Last Updated” legend provided in that document. You shall be responsible for checking these Terms of Use periodically for changes. mindZvue may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services following such changes will constitute Your acceptance of those changes.

• 1.4 If there is any conflict:

1. Between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence but only to the extent of the conflict;
2. Between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;
3. Between these Terms of Use and any other notices, disclaimers, or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

2. SERVICES

• 2.1 The Website is an electronic platform in the form of a portal that (a) provides Consulting & Implementation services for the web applications and (b) such other services as are incidental and ancillary thereto.

3. ELIGIBILITY TO USE

• 3.1 You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case, these Terms of Use shall be deemed to be a contract between mindZvue and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
• 3.2 mindZvue reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without any reason for doing so.
• 3.3 You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

4. SECURITY

• 4.1 You may access and use the Website and the Services as a guest user, where you can submit your inquiry, and our team will get back to you regarding your requirements.
• 4.2 Your provision of and mindZvue’s collection, storage, use, disclosure, and otherwise dealing of such personal information shall be governed by mindZvue’s privacy policy (“Privacy Policy“).

5. USER OBLIGATIONS

• 5.1 mindZvue grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website.
• 5.2 You agree not to access (or attempt to access) the Website by any means other than through the interfaces provided by mindZvue. You shall not use any deep-link, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
• 5.3 When you use the Website, You specifically undertake not to host, display, upload, modify, publish, transmit, update, or share any information that:

1. Belongs to another person and to which the User does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
3. harms minors in any way;
4. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
5. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting of any other nation;
6. infringes any patent, trademark, copyright, or other proprietary rights;
7. Contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
8. Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
9. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
10. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any mindZvue server, or any of the Services offered on or through the Website by hacking, password mining, or any other illegitimate means;
11. Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
12. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked sites;
13. Use the Website for any purpose that is unlawful or prohibited by the Agreement or to solicit the performance of any illegal activity or other activity that infringes the rights of mindZvue or other third parties;
14. Falsify or delete any author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded;
15. Violate any code of conduct or other guidelines which may be applicable for or to any particular Service;
16. Violate any applicable laws or regulations for the time being in force within or outside India;
17. Violate the terms of the Agreement.

• 5.4 You agree that You are solely responsible to mindZvue and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which mindZvue or its affiliates or its vendors may suffer) for any such breach.

6. INTELLECTUAL PROPERTY RIGHTS

• 6.1 The trademarks, logos, and service marks displayed on the Website (“Marks“) are the property of mindZvue or respective third parties. You are not permitted to use the Marks without the prior consent of mindZvue or the third party that may own the Marks.
• 6.2 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, mindZvue owns all intellectual property rights to and into the trademark “mindZvue” and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

7. INDEMNIFICATION

• 7.1 You agree to indemnify, defend and hold harmless mindZvue, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as “indemnified parties“) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with Your breach of the Agreement (s).
• 7.2 Notwithstanding anything to the contrary in the Agreement (s), in no event shall mindZvue, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not mindZvue has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website.

8. TERMS

• 8.1 The Agreement will continue to apply until terminated by either you or mindZvue, as set forth below. If you want to terminate Your Agreement with mindZvue, you may do so by not accessing the Website.
• 8.2 You agree that mindZvue may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if mindZvue determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement (s) will cause irreparable harm to mindZvue, for which monetary damages may be inadequate, and You consent to mindZvue obtaining any injunctive or equitable relief that mindZvue deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies mindZvue may have at law or in equity.
• 8.3 In addition to Clause 9.2 above, mindZvue may, at any time, with or without notice, terminate these Terms of Use with You if:

1. mindZvue is required to do so by law (for example, where the provision of the Services to You is or becomes, unlawful) or upon request by any law enforcement or other government agencies;
2. mindZvue has elected to discontinue, with or without reason, access to the Website or
3. In the event, mindZvue faces any unexpected technical issues or problems that prevent the Website from working.

• 8.4 Notwithstanding the foregoing, these such terms of this Agreement, as are meant to survive termination/expiry of this Agreement, will survive indefinitely unless and until mindZvue chooses to terminate them.

9. GOVERNING LAW AND JURISDICTION

• 9.1 These Terms of Use, all transactions entered into on or through the Website, and the relationship between You and mindZvue shall be governed in accordance with the laws of India without reference to conflict-of-law principles.
• 9.2 You agree that all claims, differences, and disputes arising under or in connection with or in relation thereto the Website, these Terms of Use, the Agreement (s), or any transactions entered into on or through the Website or the relationship between You and mindZvue shall be subject to the exclusive jurisdiction of the courts at Nagpur, Maharashtra, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non conveniens. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action, or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

10. COMMUNICATIONS

• 10.1 When you use the Website to generate inquiries, contact us, or communicate with mindZvue, you agree and understand that you are communicating with mindZvue through electronic records. You consent to receive communications via electronic records from mindZvue periodically and as and when required. mindZvue will communicate with You by email or on Your mobile number, which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

11. GENERAL PROVISIONS

• 11.1 Notice: All notices with respect to these Terms of Use from mindZvue will be served to You by email or by general notification on the Website. Any notice provided to mindZvue pursuant to these Terms of Use should be sent to Grievance Officer at legal@mindzvue.com.
• 11.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party, and any such assignment or transfer or purported assignment or transfer shall be void ab initio. mindZvue’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by mindZvue to any third parties without the requirement of seeking Your prior consent.
• 11.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. mindZvue may amend such provision reasonably to make it enforceable, and such amendment will be given effect in accordance with the terms of these Terms of Use.
• 11.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement or any related right shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use, in law, or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
• 11.5 Principal-to-Principal Relationship: You and mindZvue are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and mindZvue.
• 11.6 Grievance Officer: In compliance with the Information Technology Act, 2000, and the rules made thereunder, the Grievance Officer of mindZvue for the purpose of this Agreement shall be Sanket Chouksey, with an email address of legal@mindzvue.com. mindZvue may change the aforesaid details from time to time by intimation to You.