User Agreement

PLEASE READ THIS AGREEMENT CAREFULLY

Welcome to the End User Agreement of WWW.XLMYMIND.COM. The website WWW.XLMYMIND.COM (“Portal”), is owned and operated by XLMYMIND LEARNING LLP, a registered LLP under Limited Liability Partnership Act, 2008 with its registered office at B-43, Basement, Lajpat Nagar – 2, New Delhi 110024, India (hereinafter referred as "XLMYMIND").

“User” may be any Individual, Group of people, Schools, Company, NGO or any other artificial Juristic personality recognized under the Indian Laws (“Law”) who register itself as a Member on the Portal.

This End User Agreement (hereinafter referred to as "Agreement") describes terms and Conditions, agreed to which User shall be permitted to access and use Portal. By accessing or using Portal, the User signify to have read, understood and agreed to be bound by this Agreement. In the event of any inconsistency between the XLMYMIND Privacy Policy and this Agreement, the Agreement shall be supreme. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If User does not agree to the terms of this Agreement, should not use or access the Portal.

XLMYMIND reserve the right to modify this Agreement at any time without any prior notice, just by posting the amended Agreement on Portal. Surfing/Access of the Portal indicates acceptance of the amendment by the User. 

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, terms and conditions, or the right to use this Portal by the User contained herein or any other section or pages of Portal or any provision hereof in any manner whatsoever.

User

Using the services of Portal, sending / receiving emails, data, information or communicating XLMYMIND does not make someone User unless registered as “User” with Portal.

Eligibility

User should be competent to contract as per the Sec 11 of the Indian Contract Act, 1872 (“Act”). Persons ‘Incompetent to Contract’ are not eligible to register on the Portal. Persons incompetent to enter into a valid contract in terms of the Act, shall not be capable to register as a User on the Portal and cannot purchase any items on the Portal. If a Minor wish to purchase an item/product on offer on the Portal, such purchase shall be made by legal guardian or parents, who have registered as users of the Portal. XLMYMIND reserves its right to terminate User Account and refuse to provide access to the Portal in event, XLMYMIND suo-moto and/or upon investigation discovers that User is incompetent to enter into a contract in terms of the Act.

 User Account

Users cannot hold more than one account except in the case of School Account. Schools can create multiple students account subject to a separate agreement entered into with XLMYMIND. Third party transfer of XLMYMIND account by way of sale, gift, mortgage or through any other means is prohibited and Void. In case User transfers its account XLMYMIND have option to suspend the Users account and bar him from being a User.

User Data

At the time of registering on Portal, the Parent User shall be required to provide the name, email, age group and their State of residence and the School User shall be required to provide School Name, School Contact Name, Email, City and State for logging in to purchase the e-books on the Website/Portal. User Data collected by the Website shall be governed by the User Privacy Policy of the Website.

User Purchase License

XLMYMIND welcomes the User as a valued customer and shall endeavor to make the User shopping experience of e-books simple and as safe as possible. User are required to enter into a customer license with XLMYMIND which explains what we promise to observe and what we require you to observe while using our services, including browsing our site.

XLMYMIND promises to protect User privacy. Except if required by law, we promise not to divulge any information that User provide to us. We use the information we collect about you to process orders, including calculating the amount payable, and to otherwise communicate with you. We may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to third parties for analysis purposes. We promise that these statistics will include no personally identifying information.

XLMYMIND promise to keep User informed of changes in the products and services. We may add, delete or change some or all of our services at any time, including the manner in which those services are to be accessed. XLMYMIND will endeavor to keep User informed of these changes by publishing details on our Website/Portal. While we will use our best endeavors, we do not guarantee that our service or products will be available at all times or in all locations.

One User Per Book

XLMYMIND e-books are sold under the license for usage within the prescribed times by the respective User. When User buy an eBook from XLMYMIND, it can only be used by the same Registered User. Lending and sharing of the e-book are not permitted under this End User Agreement.

Purchase License

By purchasing from XLMYMIND.COM, User acknowledge that: 

  • User have read the terms of the Customer License which User accepted once User have registered on the Portal/Website;
  • User have read the Terms of Use of the Website, which User accepted once User have registered on the Portal/Website;
  • User further acknowledge that these limitations override (to the extent permitted by law) any right that they might have to use the Items under the copyright legislation in the country of use.

Registration Obligations and Account Security

Entering into Portal, User unconditionally agrees to (a) provide accurate, current and complete information about himself in registration forms on the Portal; (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event, any information provided is untrue, inaccurate, not current or incomplete or XLMYMIND has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Agreement, XLMYMIND has the right to indefinitely suspend or terminate membership and refuse to provide User with access to the Portal

User shall be responsible for maintaining the confidentiality of its Account details, Password and for restricting access to its computer. User shall be fully responsible for all activities that occur under password or account and XLMYMIND shall not be held accountable/responsible for the same.

Payments made on WWW.XLMYMIND.COM

While availing any of the external / third party payment method/s available on the Website, XLMYMIND will not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to the User due to:

1. Lack of authorization for any transaction/s, or

2. Exceeding the preset limit mutually agreed by User and between their "Bank/s", or

3. Any payment issues arising out of the transaction, or

4. Decline of transaction for any other reason/s whatsoever.

All payments made against the purchases/services on Portal by User shall be compulsorily made in Indian Rupees. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Portal.

Further:

User understand, accept and agree that the payment facility provided by XLMYMIND is neither a banking nor financial service but is merely providing an electronic, automated online electronic payment, for the Transactions on the Portal using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, XLMYMIND is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers:

User, as a Buyer, understand that upon initiating a Transaction, they are entering into a legally binding and enforceable contract with XLMYMIND to purchase the products and /or services from XLMYMIND using the Payment Facility, and User shall pay the Transaction Charges through User’s Issuing Bank to XLMYMIND using Payment Facility.

XLMYMIND reserves the right to impose limits on the number of Transactions or Transaction Price which XLMYMIND may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

XLMYMIND reserves the right to refuse to process Transactions by Users/Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with XLMYMIND or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

User/Buyer acknowledge that XLMYMIND will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Charge or any delay in processing a Transaction/Transaction Charge which is beyond the scope of XLMYMIND and XLMYMIND shall not be held responsible for the same.

Compliance with Laws:

User/Buyer and XLMYMIND shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and XLMYMIND Website.

Buyer's arrangement with Issuing Bank:

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the payment gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Refund Policy:

Once User has availed the services by purchasing the e-book and opened the e-book in their User Account, they shall not be entitled to get any refund of the money incurred by the User for purchase of e-books.

However, any genuine request for refund shall be brought into the notice of XLMYMIND within 2 hours of the purchase to the designated email of XLMYMIND and the refund process shall be completed within 15 days from the request of refund by the User.

Upon receipt of genuine refund request within the prescribed time of 2 hours from the time of purchase, the XLMYMIND shall initiate the Refund, which shall be processed by the authorised payment gateway to the User in the User’s original payment method through which User has purchased the e-book.

To submit a refund request, please contact us at support@xlmymind.com.

Online Access of E-Book:

Online Access to E-Book purchased on the Portal shall be valid for 12 months from the date of purchase; and it shall be revoked once the said period of 12 months has expired. User shall have the right to renew the respective E-Book by purchasing at the price prevalent at the time of subsequent / renewal of E-Book.

Membership Termination

XLMYMIND has the absolute right to terminate membership, delete Users profile and any content or information that have posted on the Portal for any reason, or no reason, at any time in its sole discretion, with or without notice. Furthermore, User agree that all terminations shall be made in XLMYMIND’s sole discretion and that XLMYMIND shall not be liable to User nor to any third-party for any termination of Users account or access to the XLMYMIND Service.

Termination of Services

The XLMYMIND may terminate Services to User at any point of time without giving any notice or reason, if the User violates the terms of the End User Agreement. Service shall not be available to any User(s) suspended or removed by the XLMYMIND.

 Business entity registration

A business entity such as Schools or any legal entity may register itself through a representative, duly authorised to accept Agreement. Membership shall be void if not properly authorised by the Business entity.

Third Party Websites and Content

The Portal contains links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by XLMYMIND, and XLMYMIND is not responsible for any Third Party Sites accessed through the Portal or any Third Party Applications, Software or Content posted on, available through or installed from the Portal, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by XLMYMIND. If User decide to leave the Portal and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, it does at its own risk. User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which User navigate from the Portal or relating to any applications use or install from site.

XLMYMIND Communications

User agree to receive communications from XLMYMIND in connection with use of XLMYMIND Services in form of email or SMS messages, including without limitation account activity notification, service updates, and reminders.

Submissions

User acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Portal, provided by User exclusively to XLMYMIND are non-confidential, and shall become the sole property of the XLMYMIND. XLMYMIND shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation.

Other

This Agreement constitutes the entire agreement between User and XLMYMIND regarding the use of the Portal and XLMYMIND Services. The failure of XLMYMIND to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right, or provision. This Agreement operates to the fullest extent permissible under law. If any provision of this Agreement is declared to be unlawful, void or unenforceable by Law or Indian Courts, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of other remaining provisions.

XLMYMIND.COM is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, backup failure, file corruption, or any other reasons.

XLMYMIND.COM does not represent or warrant that the Service will be error-free, free of viruses or other harmful components, or that defects will be corrected. XLMYMIND may make improvements and/or changes to its features, functionality or Service at any time.

The information on the Portal is provided for educational purposes only and is in no way intending or guaranteeing any kind of assurances towards success in the examination. XLMYMIND will not be liable for the failure of the User in any kind of examination.

Monitoring

XLMYMIND strive to provide an enjoyable online experience for its users, so it may monitor Users activity on the Portal, including but not limited to personal advertisements, visits to pages of Portal & other sites and chats, to foster compliance with this Agreement. All Users of the Portal hereby specifically agree to such monitoring.

Nevertheless, XLMYMIND do not make any warranties or guarantees that:

(1) the Portal, or any portion thereof, will be monitored for accuracy or unacceptable use;

(2) apparent statements of fact will be authenticated; or

(3) XLMYMIND will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.

Intellectual Property Rights in Portal Content

All content on the Portal and available through the Portal, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Portal Content"), are the Intellectual Property (“IP”) of the XLMYMIND, its users or its licensors with all rights reserved. No Portal Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the XLMYMIND’s prior written permission, except that the foregoing does not apply to Users own Content that User legally post on the Portal. Provided that User is eligible for use of the Portal, User is granted only a limited license to access and use the Portal and the Portal Content and download or print a copy of any portion of the Portal Content to which User have properly gained access, provided that User keep all copyright or other proprietary notices, IPR’s intact. Except for Users own User Content, User may not upload or republish Portal Content anywhere over the Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Portal Content is strictly prohibited.

Any use of the Portal or the Portal Content other than as specifically authorized herein, without the prior written permission of XLMYMIND, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation, copyright and trademark laws. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise.

Copyright Policy

User shall not reproduce, transmit, make available, adapt, modify, frame (by whatever means), link to, forward, create derivative works based upon, distribute, disseminate, sell, publish, sublicense, or in any way share the Content with other third party content, do any other act of copyright, or otherwise use any of the material on the Portal without first obtaining the prior written consent of XLMYMIND/or the copyright holder. It is XLMYMIND's policy to terminate Membership privileges of any Member who infringes the copyright rights of others without limiting the foregoing.

If any User / individual or any other juristic person believe that its work has been copied and posted on the XLMYMIND in a way that constitutes copyright infringement, they have to provide XLMYMIND the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that claims to be infringed; (iii) a description of material that is infringing material is located on the XLMYMIND; (iv) address, telephone number, and email address; (v) a written statement by that to have a good faith belief that the disputed use is not authorized by the copyright owner; (vi) a statement, that the above information in Users notice is accurate and that User is the copyright owner or authorized to act on the copyright owner's behalf. For notice of copyright infringement can be reached as follows:

Grievance Cell:-

E-mail - support@xlmymind.com

XLMYMIND shall put its best efforts to preserve and protect the integrity of the Content and User shall forthwith notify XLMYMIND of any infringement, whether actual, apparent, real or perceived, whenever occurring or determined, of such Content and render all reasonable assistance to XLMYMIND in the enforcement of it rights and particularly upon request.

Repeat Infringer Policy

XLMYMIND has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, account of users/membership who are deemed to be repeat infringers. XLMYMIND may also at its sole discretion limit access to Portal and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Additional Rules                                                

XLMYMIND reserves the right to post, from time to time, additional rules of usage of the Portal. Such additional rules will be posted in the relevant place of XLMYMIND. User use of Portal constitutes their consent to comply with the additional rules.

Disclaimer of Warranties

User understand and agrees that the Service is provided on an “as is” and “as available” basis and that XLMYMIND does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. XLMYMIND assumes no responsibility for the accuracy or existence of any communications between users. XLMYMIND expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

XLMYMIND makes no warranty that:

- the XLMYMIND service will meet Users requirements;

- the XLMYMIND service will be uninterrupted, timely, secure, or error-free;

- the results that may be obtained from use of the XLMYMIND service will be accurate or reliable,

- the quality of any products, services, information, or other material purchased or obtained by User through the XLMYMIND service will meet Users expectations, and;

- errors in the software will be corrected

    Any material downloaded or otherwise obtained through the use of the XLMYMIND service is done at Users own discretion and risk and that he will be solely responsible for any damage to computer system or loss of data that results from the download of any such material.

    In no way any advice or information, whether oral or written, obtained by User from or through XLMYMIND / Portal shall create any warranty.

    Limitation of Liability

    User expressly understand and agree that XLMYMIND shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if XLMYMIND has been advised of the possibility of such damages).

    Severability and Integration

    This contract and any supplemental terms, policies, rules and guidelines posted on XLMYMIND.COM constitute the entire Agreement between User and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

    Events Beyond Control

    User expressly absolve and release XLMYMIND from any claim of harm resulting from a cause beyond its control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, terrorism, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.

    Arbitration and Governing Laws

    In the event of any dispute, difference or question arising out of or in respect of this Agreement or the commission of any breach of any terms thereof or in any manner whatsoever in connection with it, the same shall be referred to the Sole Arbitrator, appointed by XLMYMIND for arbitration and proceedings shall be in accordance with Arbitration and Conciliation Act 1996. The decision or award so given shall be binding on the parties hereto.

     The End User Agreement between User and XLMYMIND, will be governed by, and construed in accordance with the laws of India only.

    End User agree and accept all the terms of the agreement unconditionally and intend to be legally bound by them by accessing and using the Portal. If do not agree with the terms of the Agreement, please exit XLMYMIND now.