Terms & Conditions :
www.mesds.com is a website and the Education apps are products of Metamorphosis Engineering & Skill Development Services Private Limited (hereinafter referred to as “We”, “Us”, “MESDS”). We are a company registered in the State of Tamil Nadu and have our office located at Chennai.
By downloading and using the products, these terms will automatically apply as well. We are offering you this products to use for your own personal use. You’re not allowed to copy, or modify any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to MESDS Private Limited
MESDS is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will charge you for the app or its services making it very clear to you exactly what you’re paying for.
The app stores and processes personal data that you have provided to us, so that you can use the software solely for education purpose. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the app won’t work properly or at all.
You should be aware that there are certain things that Meta will not take responsibility for. Certain features of the app will require you to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but MESDS cannot take responsibility for the app not working at full functionality if you don’t have access to Internet or Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
You should also remember that the app’s goal is to make things more convenient for you – it doesn’t replace your text books and curriculum and you will still need to study them in order to complete your education. MESDS accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At regular intervals we may wish to update the app and release different versions on other operating systems. You’ll need to download the updates if you want to keep using the app. MESDS does not promise that it will always update the app and ensure that it works on your operating system and device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
- OWNERSHIP OF CONTENT
- INTELLECTUAL PROPERTY RIGHTS
3.1 We are the owner and/ or the licensee of all the Intellectual Property rights in our site, except where specifically mentioned. Said Intellectual Property are protected under applicable laws in India and through international conventions. All such rights are reserved to us and our licensors. As a visitor to our site, you may download a single copy of the material for your own non-commercial, private viewing purposes only. No copying or distribution for any commercial or business use is permitted without our prior written consent.
3.2 You must not modify, edit or change the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not also use or modify or reproduce any of the content whether text or written material or artwork, images, videos in any manner whatsoever. In addition, you may not include a link to our site or display the contents of our site surrounded or framed or otherwise surrounded by material not originating from us without our consent.
3.3 You may not distribute, modify, publish, re-use, reproduce, copy (except as set forth above), transmit, display, license, create derivative works from, transfer, sell or otherwise use any of the information, illustrations, photographs, video or audio sequences or any graphics in any manner whatsoever.
3.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.6 Any use of the content or marks provided on our Site other than as specifically mentioned hereinabove, without our prior written permission, is strictly prohibited and will automatically terminate the license and right to use granted herein. Such unauthorized use may also violate the applicable laws including but not limited to trademark, copyright and design laws and the applicable regulations and statutes. Unless expressly mentioned, nothing in the terms and conditions shall be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise. A limited license to use is granted herein and the same is revocable at any point of time by us with prior notice and without any cause.
- REGISTERED USERS
4.2 You must ensure that the details and information provided by you is correct, accurate and up to date. We will not be responsible for any loss or harm arising out of your failure to provide the same. We may ask you to verify the accuracy of the details and information provided by you at any point of time.
4.3 You must take all the reasonable and necessary care to ensure that your account both on our Site respectively is operated and accessed by solely by you and no one else.
4.4 You are responsible for maintaining the confidentiality of your password and your account information, and you are solely and fully responsible for all activities that occur under your password or account and for any access to or use of the our site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
4.5 You must immediately notify us of any unauthorized use of your password or account or any other breach of security.
4.7 If we become aware that you have used another person’s account or password or any information or material contrary to any of the terms and conditions mentioned herein, then we reserve our right to take all necessary actions.
4.8 You retain ownership of any video, image, text, software, information or any content posted, uploaded or published by you on our site using a Message Feature. You represent and warrant that you have the necessary right, license, authorization or permission to post, upload or publish the same on our site and by posting, uploading or publishing the same on our site, you have authorized the company to use the same without any restrictions.
4.9 We will not be responsible for any of comment, video, text, software, information discussion, information, content or view posted by you on our Site.
4.10 You retain and warrant that the information, material, comment, video, text, software, information discussion, information, content posted uploaded or published by you on our Site does not infringe upon the rights if third parties including but not limited to intellectual property rights, privacy or personal rights.
4.11 We will be in no way responsible or liable with respect to any discussions, chats, information or any material posted on our site by you or anyone else and we assume no liability arising from any false, misleading, defamatory, obscene, vulgar, scandalous, infringing or any material that would violate the laws of India or any other country and give rise to civil or criminal liability.
4.12 You must not post, upload, publish, transmit, or share any Content on our Site Application that you did not create or that you do not have permission to post.
4.13 We have the right to store any content you post on our Site, and at our discretion to make available any such content on our site, in each case indefinitely. However, we are not obliged to make available or otherwise exploit any such content. We are not responsible for any loss, theft, rights infringement or damage of any kind to or associated with any such content and you take sole responsibility for any such content that you provide to us.
4.14 By posting any content via any Message Features, you are granting to us a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, re-use, prepare derivative works based upon, distribute, perform or display such content, in whole or in part, in any form, media or technology known or hereafter developed.
4.15 You are prohibited from using our Site to advertise or perform any commercial solicitation in any manner.
4.16 You authorize Us for contacting you (including by post, email, fax, short text message (SMS), pager or telephone) about Our products and services (collectively “Promotional Communications”) which We think may be of your interest. You agree to hold harmless and indemnify Us and Our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits and or proceedings, as well as any and all losses, liabilities, damages, costs and expenses arising out of or relate to such Promotional Communication with you or any person on your behalf.
- INFORMATION AND AVAILABILITY
5.1 While we take every care to ensure that the information on our site is accurate and complete, some of it is supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. We make no warranty or represent the accuracy of the information supplied to us by third parties. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time. Accordingly, our site is provided “as is” without any warranties of any kind, express or implied, and we do not accept any responsibility and liability arising from any inaccuracy or omission in the information or interruption in availability.
5.2 We would be happy to correct any error or correction with respect to the mock questions, test, material and information published on our website that is brought to our notice by you in writing and we will within a reasonable time carry out the necessary changes as deemed appropriate by us.
When accessing our Site via mobile, standard network charges apply. Your handset must be WAP enabled. You may incur additional WAP and GPRS charges from your network operator according to your contract. Our site via mobile (off portal) is not a subscription service.
You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
8.1 Any misrepresentation, act or omission made by you in connection with your use of our site;
8.2 Any non-compliance by you with these Terms; or
8.3 Claims brought by third parties arising from or related to your access or use of our site, including without limitation the Message Features or other information made available by you to our site.
9.1 In respect of all aspects of our site and our supply of products and any other party (whether or not involved in creating, producing, maintaining or delivering our site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our site in any way or the Message Features or in connection with the use, inability to use or the results of use of our site, any websites linked to our site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our site or your downloading of any material from our site or any websites linked to our site.
9.2 If you choose to post your location, your intended location or any other such personal information via the Message Features or by any other method on our site you accept that this is entirely at your own risk and we are not responsible for any loss or harm which occurs as a result of your sharing any information about your location or intended location.
9.3 This Section does not in any way limit our liability:
9.3.1 for death or personal injury caused by our negligence;
9.3.2 under section 2(3) of the Consumer Protection Act 1987;
9.3.3 For fraud or fraudulent misrepresentation; or
9.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 Where you buy any product or service from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
We may introduce rewards or promotion scheme in conjunction with other companies from time to time in respect of a certain number of our products. The terms and condition for the rewards and promotion will be disclosed at the time the reward or promotion is launched. The rewards and promotion will also be subject to the terms and conditions of the other associates companies as well.
- YOUR RESPONSIBILITY; DAMAGE LIMITS.
You have sole responsibility for use of the products/services you purchase through this website. In no event shall mesds.com and our Site be liable to you in relation to the products/services, or your use, misuse or inability to use the products, for either any – (i) indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage); or direct damages in excess of the amount you paid mesds.com or our Site for the applicable product.
12.1 The educational content and the material provided on our site are solely for the purposes of practice and improvement meant for the purposes of your education.
12.2 We do not guarantee any particular outcome regarding the results of the registered users and/or other users during the entrance exams or any other exam or tests undertaken taken by the said users.
12.3 Our Site may be temporarily unavailable at any point of time due to maintenance, up-gradation or any other reason. We do not claim any responsibility, liability for any omission, error deletion, defect or destruction in user communication. We are not responsible for any malfunction technical or other problem of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion in our Site including injury or damage to your or to any other person’s computer, hardware, software or mobile phone as a result from using or downloading materials in connection with our Site. We are not responsible or liable for any loss or damage resulting from the use of our Site or any Content or Third-Party Applications, Software or Content posted on or through our Site or transmitted to users, or any interactions between users of our site, whether online or offline.
12.4 User gives us the right to contact him/her or his/her parents as and when required for the purpose of selling the product, suggesting updates and helping him/her prepare for exams.
12.5 User takes full responsibility for providing personal or academic information and indemnifies the company or any of its associates for any wrong information provided by him/her under the India law.
- THIRD PARTY’S INTELLECTUAL PROPERTY
13.1 We respect the intellectual property rights of third parties and prohibit our registered users or users to post, publish or display any information or material whatsoever on our Site which may infringe the intellectual property of third parties. When we receive proper written notification of alleged infringement of intellectual property rights of third parties, we will promptly remove the allege infringement information or material from our Site and will terminate the account of the repeated infringers.
13.2 Reference to any services, goods, products or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation or association therewith, by us.
- THIRD-PARTY WEBSITES AND CONTENT
Our Sites do contain links to other websites (“Third-Party Sites”) as well as applications, software, text, marks, graphics, pictures, designs, music, sound, video, articles, photographs, information, and other content or material belonging to or originating from third parties (the “Third-Party Content”). We may provide you publicly available free third party videos (such as Khan Academy, YouTube) content through our contextualization engine. We do not store any of the actual video content of these third party providers on our servers, but only provide a link to these video contents. The fee we charge is for contextualization and use of our own content and do not charge for third party content presented through our Site that are openly available on the internet. While our technology and staff ensure relevant materials are presented, we cannot provide 100% guarantee on these third party content.
- APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Chennai, India for the resolution of all such disputes.
- LIMITATION OF LIABILITY
Your use of our site is at your own risk. In no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall MESDS Pvt. Ltd be liable, without limitation, for any damages whatsoever, including direct, indirect, incidental, consequential or punitive damages, arising out of any access to or any use of or any inability to access or use this website including any material, information, links, and content accessed through this website or through any linked external website. Note: If you are under the age of 18, it is mandatory that your parent or guardian has read and accepted the terms and conditions mentioned hereinabove on your behalf and by your use of the site it is deemed that you have obtained parental consent for the same. If your parent or guardian has not read and agreed to the terms and conditions, you will not have permission to use our site.