Welcome to Biomentors Online!
If you continue to browse and use this website / app you are agreeing to comply with and be bound by the
following terms and conditions of use, which together with our privacy policy govern Biomentors Online’s
relationship with you in relation to this service. The content of the pages of this website / app is for
your general information and use only. It is subject to change without notice.
The term ‘Biomentors Online’ or ‘us’ or ‘we’ or ‘Biomentors’ refers to the owner of the website / app whose
registered office is -
Biomentors Edutech Private Limited, 802 C–III, 8th Floor, A – wing, Pinnacle
Corporate Park, BKC G block, Bandra East, Mumbai – 400051 (Maharashtra).
Our LLP registration number is: AAG - 9639 and the place of registration is Mumbai.
The term ‘you’ refers to the user or viewer of our website / app.
In particular, these Terms & Conditions inform you about
Right to Access and Account Creation
As a Learner, to access the Platform and use certain Services, you will be required to register and create
an account on the Platform by providing the requested details.
To register on the Biomentors Platform you must be older than 13 years. By using the Biomentors Platform,
you, through your actions, affirm that the Age Requirements are met.
You can register on the Platform for free however, certain Services offered on the Platform may be
chargeable. Please review the Service offerings on our Site or Application(s). You are not obligated to
purchase any product or use any Service offered on the Platform.
A Learner who does not fulfill the Age Requirements mentioned above (as may be revised as per applicable
laws from time to time) and is desirous of registering on the Platform i.e., if a Learner is a
“Minor”/“Child”, then the Learner may use the Platform with the consent of, and under the supervision
of, their parent or legal guardian (“Parent”). Accordingly, in such a case, the Parent must agree to
the Platform Terms at the time of their registration on the Platform. Please note that minors/children are
not by themselves eligible to register on the Platform. When a Minor/Child uses the Platform, we assume that
the Parent of such Minor/Child has enabled the Minor/Child’s usage of the Platform by agreeing to the
Platform Terms and that such usage is under the supervision of their Parent.
Biomentors reserves the right to terminate your Package and / or restrict your access to the Platform, if
it is discovered that you do not meet the Age Requirements and/or the consent to register and use the
Platform is not obtained as above. You acknowledge that Biomentors does not have the responsibility to
ensure that You conform to the aforesaid Age Requirements. It shall be Your sole responsibility to ensure
that the required qualifications are met.
Further, the permission given by Biomentors to access and use the Platform under these Terms and Conditions
is subject to the following conditions:
- You agree not to distribute in any medium any part of the Platform, Content Provider Content or the
Biomentors Content (as defined below) without Biomentors’s prior written authorization.
- You agree not to alter or modify any part of the Platform.
- You agree not to access User-generated Content of any other User through any technology or means other
than the User-generated Content you have legitimate access to.
- You agree not to use the Platform for any of the following commercial uses unless you obtain
Biomentors’s prior written approval:
- the sale of access to the Platform;
- the sale of advertising, sponsorships, or promotions placed on or within the Platform or Content
Provider Content; or
- the sale of advertising, sponsorships, or promotions of any third-party page or website.
- You agree to receive installs and updates from time to time from Biomentors. These updates are designed
to improve, enhance, and further develop the Platform and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions. You agree to receive such updates (and permit
Biomentors to deliver these to you) as part of your use of the Platform.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,”
or “offline readers,” that accesses the Platform in a manner that sends more request messages to
Biomentors’s servers in a given period of time than a human can reasonably produce in the same period by
using a conventional on-line web browser. Notwithstanding the foregoing, Biomentors grants the operators
of public search engines permission to use spiders to copy materials from the Site for the sole purpose of
and solely to the extent necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials. Biomentors reserves the right to revoke these exceptions
either generally or in specific cases at any time with or without providing any notice in this regard. You
agree not to collect or harvest any personally identifiable information, including account names, from the
Platform, nor to use the communication systems provided by the Platform, unless otherwise mentioned
herein.
- You may post reviews, comments and other content; send other communications; and submit suggestions,
ideas, comments, questions or other information as long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. In other
words, ensure that your conduct on the Platform is in accordance with the Platform Terms, including the
User Guidelines.
- In your use of the Platform, you will, at all times, comply with all applicable laws and regulations.
- Biomentors reserves the right to discontinue any aspect of the Platform at any time with or without
notice at its sole discretion.
You are responsible for maintaining the confidentiality of your account and password to access the
Platform. You acknowledge that your account is personal to you and agree not to provide any other person
with access to the Platform and to restrict access to your device to prevent any unauthorized access to your
account. You agree to accept responsibility for all activities that occur under your account. You should use
particular caution when accessing your account from a public or shared computer so that others are not able
to view or record your username, password, or other Personal Information. You should take all necessary
steps to ensure that the password is kept confidential and secure at all times, and if you have any reason
to believe that your password has become known to anyone else, or if the password is being, or is likely to
be, used in an unauthorized manner, you agree to immediately change your password or inform us of any
unauthorized access to or use of your username or password, so that we are able to help you stop or prevent
such unauthorized access. Please ensure that the details you provide us are correct and complete.
You represent that the information provided by you at the time of the registration are correct, true and
accurate, and you agree to update the same as and when there is any change in the said information. Please
read our Privacy Policy to understand how we handle your information.
Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be
required to comply with any legal and regulatory provisions, and also reserve the right to refuse access to
the Platform, terminate accounts, remove content at any time without providing any notice to you, and/or
reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us,
at any time if, in our opinion, the said identifiers or you have violated any provision of the Platform
Terms.
Further, to access the Platform, create, publish and/or view the User-generated Content on the Platform,
you will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone,
portable media player, or other electronic device that meets the system and compatibility requirements and
on which you are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform
and/or avail the Services may change from time to time and, in some cases, whether a device is (or remains)
a Supported/Compatible Device may depend on software or systems provided or maintained by the device
manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time
may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you
use is compatible with our system/software to use the Platform and avail the Services offered therein.
Package terms
For Learners, Biomentors does not charge any fee for registration and account creation. However, certain
Services offered by Biomentors may be chargeable. Accordingly, access to certain Services and features is
offered by Biomentors through a multi- tiered paid Package plan(s) or purchases; the details of the Services
and applicable features along with their corresponding prices can be found on our Site and/or Application
(“Package”/ “Fees Packages”). You can purchase Package by following the instructions you encounter as
you navigate through the Platform.
The terms that are applicable to Your purchase of Package(s) -
- Purchase of a Package will allow you access only to the content available under the category of content
for which you have purchased the Package.
- The Services offered, and the validity/term of your Package (“Package Period”) may vary depending
on the plan you may purchase. Hence, before you proceed to purchase any Package, please read and
understand the details of the Package(s) you intend to purchase on the Platform. If you are unclear about
any part of the Package offering or need further clarification, then please feel free to write to us prior
to your purchase at email address provided in the ‘Contact Us’ section below.
- We may personalize Services and feature them as part of Packages, including showing you recommendations
on content in the subscribed category, and other related categories that might be of interest to you. We
also endeavor to continuously improve the Package offerings to improve your Platform experience.
- Package Period may be extended upon renewal of your already purchased Packages. The terms of renewal, if
any, can be found on our Site and/or Application. However, please note that the prices may stand revised
from the time of your first purchase of the Package.
- The Package is of a personal nature and is solely for the benefit of the person purchasing and is not
allowed to be resold by you or transferred to or shared with any other person for consideration or
otherwise. In the event we get to know that any User has resold / transferred / shared Package with
another person, then Biomentors retains the right to cancel/terminate the Package forthwith.
- Live – Streaming of Content/ Live Videos: You will get access to attend live videos (in other
words, live- streamed content), if the same is offered as part of your purchased Package. The access shall
be available to you through the Platform during the Package Period and shall be subject to the Platform
Terms including the Live Videos Terms and Conditions. Please be sure to use a Supported/Compatible device
(refer to the ‘Right to Access and Account Creation’ section above) while accessing the live videos.
- Viewing Period: Depending on the Package, we may make available the recorded versions of any
relevant live video to you for continued viewing on the Platform (which may include in-app downloading as
mentioned below) during your Package Period. Please note that availability of the recorded versions of any
relevant live video content for your subsequent access on the Platform is subject to our agreements, and
we do not in any manner guarantee the availability of the same for any reason whatsoever.
- In-App Downloading: Depending upon your Package, you may only have an option to do in-app
downloads and the downloaded content can be viewed by you during the Package Period. After downloading the
Content, you shall have access to the same for the Package Period only and all access to the downloaded
content shall be removed on expiry or termination of your Package, as the case maybe.
- Quality of Streaming: The resolution and quality of the content you receive will depend on a
number of factors, including the type of Compatible Device on which you are accessing the Content and your
bandwidth, which may increase or decrease over the course of your viewing. While we strive to provide you
a high-quality viewing experience, we make no guarantee as to the resolution or quality of the content you
will see when streaming.
- Depending on the Package Service you have purchased, you may be given access to certain additional
Services and features. The additional terms applicable to each of these additional Services may be made
available to you on the Platform in the form of terms and conditions or FAQs (Frequently Asked Questions)
for that specific Service or may be otherwise communicated to you. Hence, please be sure to go through the
Platform Terms to understand the additional services, if any made available to you, and how you can avail
the same.
Pricing, Payments and Refunds
Pricing and Payments:
You can purchase a Package Service of your choice for any category(ies) of content by following
instructions on the Platform and making the payment applicable for the Package you intend to purchase.
Please read the below terms applicable for the purchase of your Platform Package. The below terms are to be
read with any other terms communicated to you at the time of purchase of your Package:
- You agree to pay all Package fees and charges that are attributable to your account on the Platform and
that you are solely responsible for payment of these fees and charges. The Packages are payable in full
and in advance and are valid until the completion of the applicable Package Period or until otherwise
cancelled or terminated in accordance with the terms of this Agreement.
- If you have specifically authorized us, then the payments for the applicable Packages are automatically
charged at the beginning of each billing period, unless you withdraw your authorization or submit a
cancellation request to us directly through your account prior to the start of the billing period or in
writing via email to the address specified in the ‘Contact Us’ section below. The payment for your Package
will be charged upon the anniversary of its billing period if the payments for Package are in more than a
single tranche. Subject to your specific authorization and applicable laws, you agree that Biomentors may
charge any recurring service to the credit card or debit card or account that you provide/link at the time
of your first purchase of the Package or as updated by you through your account on the Platform, provided
such updation takes place prior to upcoming billing period.
- If you have not completed payments for your Packages, we may restrict / suspend your access to the
Platform until your account becomes current and paid in full.
- We reserve the right to pursue the fee owed to us using collection methods which may include charging
other payment methods on file with us and/or retaining collection agencies or legal counsel.
- The entity within the Biomentors group to which your payments will be made will be on the basis
of Annexure 1.
- Your payments to Biomentors shall be subject to applicable taxes including with/without limitation Goods
and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your
country of residence/from where you have created your account on the Platform/ purchased the underlying
Packages.
- We reserve the right to change/revise the pricing of the Packages. For existing Packages for which the
applicable fees have been already received by us, we will implement the price changes during the next
billing period or renewal of the Package.
- We further reserve the right to offer custom plans and pricing (including discounts and / or special
offers) in addition to what is offered on the Platform, which include offering custom billing and payment
terms, that are different from our standard terms.
- We use third-party payment gateways and/or aggregators to process payments applicable to the Services
offered by us. Third-party payment gateway(s) made available to you may vary depending on the Package you
choose. Similarly, we have also enabled integration of third-party payment providers to facilitate better
payment options to you, which may vary depending on your territory or the Package you choose. Third-party
payment gateways/aggregators and third- party payment providers shall collectively be referred to
as “Third-Party Service Providers”.
- Third-Party Service Providers may also charge you fees to use or access their services and may require
your Personal Information to complete any transaction for the Platform. Further, to facilitate completion
of your payments to us through the Platform or avail the payment options provided to you, you may be
redirected to an external website operated by the Third-Party Service Provider. We cannot and do not (i)
guarantee the adequacy of the privacy and security practices employed by or the content and media provided
by the Third-Party Service Provider or its respective websites or (ii) control collection or use of your
Personal Information by such Third-Party Service Provider. Hence, prior to using any services offered by a
Third-Party Service Provider, we suggest that you read their terms and conditions, privacy policy and
other policies, that may apply, to understand their terms of usage and to understand how your Personal
information is being processed. Biomentors is not affiliated to any Third-Party Service Provider and
neither Biomentors nor any of the Third-Party Service Provider are agents or employees of the other.
- Further, pursuant to the payment option you may choose, you may be required to enter into a separate
agreement with the relevant Third-Party Service Provider. This agreement with the Third-Party Service
Provider is an independent contract/agreement between you and such Third-Party Service Provider and
Biomentors shall in no manner be a party to the same. Biomentors is only facilitating various payment
options to you and is not offering the payment by itself in any manner.
- You agree that you are solely responsible for all charges that occur through such Third-Party Service
Providers and acknowledge and agree to indemnify, defend, and hold harmless Biomentors, its licensors,
their affiliates, and their respective officers, directors, employees, and agents from any loss arising
out of or related to the use of the Platform or any purchases made through the Platform. This obligation
will survive your use of the Platform and termination of your Agreement with us. For purposes of the
Platform Terms, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits,
proceedings, costs, and expenses (including reasonable legal fees and disbursements and costs of
investigation, litigation, settlement, judgment, interest, and penalties). Biomentors shall not be liable
to you for any claims arising out of any act or omission on the part of the Third-Party Service
Provider(s) including, but not limited to, any lost, stolen, or incorrectly processed payments. Biomentors
expressly disclaims any responsibility and liability for all services provided by the Third-Party Service
Provider(s).
- Please note that all Package payments are collected by Biomentors only through the Platform and not
through any third parties (except Third-Party Service Provider(s)). We do not usually authorize any third
party (except Third-Party Service Provider(s)) to collect monies on our behalf; however, if we have
authorized any third party then such third party will have received a written authorization from
Biomentors either by way of any agreement or an authorization letter. Kindly verify with such third party
before you make any payments to them, alternatively, you can always check with us by writing to us at
email address provided under the ‘Contact Us’ section below.
- Further, Biomentors is solely authorized to offer discounts / offers, if any, on the Package prices.
These discounts / offers are communicated on the Platform or via direct communication to you from
Biomentors via email, SMS, phone, or such other means of communication, and can be availed only through
the Platform, unless otherwise specifically communicated by Biomentors. Other than Biomentors, no person,
including without limitation, Content Providers or any third-party platform, are allowed to offer any
discounts on the Package prices offered on the Platform. Biomentors shall not be liable for any claims
arising from such unauthorized discounts / offers offered by any person (including any third- party
platform or Content Provider), other than Biomentors.
Cancellation and Refund Policy:
- You may cancel your Package through your account on the Platform. However, please note that the
cancellation will become effective at the end of the then-current billing period; in other words, we will
not renew your Package, but the existing Package will continue until the end of its billing period and
there shall be no refund of the fee already paid for the same, unless otherwise specified in the Refund
Policy. So, please read these terms and conditions and the Refund Policy carefully before purchasing any
Package.
- When you cancel your Package, Biomentors may disable access to features made available to you upon your
purchase of Package, while your account may continue to exist on the Platform.
Use of the Platform
Subject to the Platform Terms, Biomentors hereby grants you a non- exclusive, non-transferable,
non-sublicensable, limited license to access and use the Biomentors Platform for your own personal,
non-commercial and private use on an ‘as is’ basis in accordance with these Terms and Conditions and other
Platform Terms.
Subject to payment of the Package fee, and your compliance (as a Learner) with all Platform Terms,
Biomentors and the Content Providers grant you (as a Learner) a non- exclusive, non-transferable,
non-sublicensable, limited license, during the applicable Package Period, to access and view the content you
have subscribed to and attend live videos in association with your Package, for personal, non-commercial,
private use only, in accordance with the Platform Terms. We may automatically remove your access to the
content from your Compatible Device after the end of the Package Period or in accordance with any
restriction mentioned in the Platform Terms.
Except as expressly permitted under any of the Platform Terms or otherwise in writing, you will not
reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or
any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other
proprietary information).
Content and Conduct
- As a User, you may submit User-generated Content (as defined under the ‘Intellectual Property’ section
below) on the Platform. However, you must understand that Biomentors does not guarantee any
confidentiality with respect to any User-generated Content you submit.
- You shall be solely responsible for your own User-generated Content and the consequences of submitting
and publishing such content on the Platform. You affirm, represent, and warrant that you own or have the
necessary licenses, rights, consents, and permissions to publish the User-generated Content that you
submit. You further agree that User-generated Content you submit on the Biomentors Platform will not
contain third party copyrighted material, or material that is subject to other third-party proprietary
rights, unless you have permission from the rightful owner of the material, or you are otherwise legally
entitled to post the material and to grant Biomentors the necessary license and rights required under the
Platform Terms. You shall solely be responsible for all claims in respect of your User-generated Content
published on the Platform.
- For clarity, you retain your ownership rights in your User-generated Content. However, you grant a
limited license to Biomentors to make available the User-generated Content on the Platform. Please read
the ‘Intellectual Property’ section below to know the exact nature of license and rights you grant to
Biomentors.
- Furthermore, you confirm that you shall not host, display, upload, modify, publish, transmit, store,
update or share User-generated Content or any information on the Platform that:
- belongs to another person and to which you do not have any right;
- is defamatory, obscene, pornographic, invasive of another’s privacy including bodily privacy,
insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating
or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in
force;
- is harmful to a child;
- infringes any patent, trademark, copyright or other proprietary rights of another;
- violates any law, statue, ordinance or regulation or Platform Terms;
- deceives or misleads any User about the origin of the message or knowingly and intentionally
communicates any information which is patently false or misleading in nature but may reasonably be
perceived as a fact;
- impersonates another person;
- 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 offence or
prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or
limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or
harass a person, entity or agency for financial gain or to cause any injury to any person;
- False, inaccurate or misleading;
- obscene or contain pornography;
- Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or
Personal Information.
- Your conduct on the Platform shall strictly be in accordance with the User Guidelines and other Platform
Terms.
- You understand that as a User you may interact with Minors/Children (refer to ‘Right to Access and
Account Creation’ section above) on the Platform; accordingly, you shall make yourself fully aware of
our Minor & Learner Interaction Guidelines and conduct yourself in accordance thereof.
- You understand and confirm that you shall not during your use of the Biomentors Platform at any time
post or publish any content, comments or act in any way which will amount to harassment of any other User.
If at any given point it comes to Biomentors’s notice that you have engaged in any kind of harassment of
other Users, then in such a case you agree that Biomentors shall have the sole right to suspend/terminate
your account with immediate effect and without any notice of such suspension or termination and we also
reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
- Biomentors does not endorse any User-generated Content submitted on the Biomentors Platform by any User,
or any opinion, recommendation, or advice expressed therein, and Biomentors expressly disclaims any and
all liability in connection with User-generated Content. Biomentors does not permit copyright infringing
activities and infringement of intellectual property rights on the Biomentors Platform, and Biomentors
will remove all User-generated Content if properly notified that such User-generated Content infringes on
another’s intellectual property rights in line with its obligations as an ‘intermediary’. Biomentors
reserves the right to remove User- generated Content without prior notice if it has reason to believe that
the User- generated Content is violative of these Terms and Conditions. Please refer to the Takedown
Policy and‘Copyright, Trademarks and other Intellectual Property Rights’section below to understand the
process to notify Biomentors about any infringing content and the process of takedown of infringing
content followed by Biomentors.
- You shall not engage in any activity that increases/optimizes the User views on any particular Content;
these activities, without limitation, include creating multiple fake accounts as Learners, either by
yourself or through a third-party.
- You shall not engage in any activity that will negatively impact Biomentors and/or other Users of the
Platform, including without limitation, activities that involve screen- recording, screen-casting or
downloading on any other device of any Content (live or recorded) in any manner that is not directly
facilitated as feature within the Platform and/or sharing or otherwise publishing such screen-recorded
content on third-party platforms, either for a cost or otherwise. If Biomentors becomes aware of your
engagement, either by yourself or through a third-party, in any such activity, then Biomentors may
immediately terminate your or such User’s access / Package along with termination and removal of access to
all downloaded content with a right to initiate appropriate legal action, at the sole discretion of
Biomentors.
Communications
When you visit the Platform, you are communicating with us electronically. You may be required to provide a
valid phone number while creating any account with us or while enrolling or purchasing any Package Service.
We may communicate with you by e- mail, SMS, phone call or by posting notices on the Platform or by any
other mode of communication. By providing your information you authorize Biomentors, its affiliates, and
their respective employees, agents, and contractors to initiate electronic communications by email,
telephone calls, or such other mode of communication with respect to your use of the Platform and regarding
the products and services offered by Biomentors and its affiliates. These communications may be made by or
on behalf of Biomentors, even if your phone number is registered on any state or federal do not call list.
Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service
provider may have levied certain charges on you vis-à-vis your communications with Biomentors as it
constitutes availing their services, and you agree to be responsible for all such charges, and Biomentors
will not be responsible for any such charges. Do not submit your information if you do not consent to being
contacted by telephone, text, email or such other mode of communication. Further, you will always have an
option to unsubscribe / opt out from any promotional communications sent by Biomentors and / or its
affiliates either by following the relevant instructions that may be communicated via text, email or such
other mode of communication in which you received a promotional communication or by disabling the options
provided within your account on the Platform.
Please note that –
- If you opt out of promotional communications, we may still send you transactional communications, such
as service announcements, administrative and legal notices, and information about your account, without
offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform
or receive any communications from us (except for those that are legally required), then you may delete
your account by either writing to us at the email address provided under ‘Contact Us’ section below by
using the option enabled within the Platform;
- opting out of promotional communications only affects future communications from us. If we have already
provided your information to a third party (as stated in our Privacy Policy) before you changed your
preferences or updated your information, you may have to change your preferences directly with that third
party.
- We do not sell your Personal Information to third parties, and we do not use your name or name of your
company in marketing statements without your consent.
Further, in respect of interactions between Users - Biomentors is only an intermediary and does not monitor
any of the interactions that take place between Users on the Platform, but Biomentors has clearly laid out
the terms and guidelines a User must follow in their conduct on the Platform as part of the Platform Terms;
and if Biomentors receives from any User a complaint of misconduct against you, in any form, or if
Biomentors otherwise deems necessary, Biomentors reserves the right to suspend or terminate your access to
any the Platform or any part thereof at any time, with or without giving any notice or reason.
You acknowledge that any User-generated Content (including without limitation any Content, chats, postings,
or materials posted by the Users) posted by you on part of the Platform, is neither endorsed nor controlled
by us. You further understand and agree that you shall be solely responsible for any User-generated Content
published by you on the Platform, including its legality, reliability, accuracy, and appropriateness, and
shall be solely liable for the consequences of its publication. You represent and warrant that you own and
control all rights in and to any User-generated Content uploaded by you on the Platform, or that you have
the necessary licenses or permissions or are legally entitled to use and reproduce such User-generated
Content on the Platform.
Processing of Personal Information
All our collection, processing, sharing and storing of any Personal Information collected from you shall be
in accordance with our Privacy Policy. Kindly read the same to understand the security measured undertaken
by Biomentors to safeguard your Personal Information. Should have any queries in respect of the same, please
feel free to right to us at info@biomentors.online.
License to Content
Biomentors Content: Biomentors and / or its affiliates own all information and materials (in
whatever form or media) provided or communicated to you by or on behalf of Biomentors including but not
limited to, the Platform, illustrations, letters, images, ideas, concepts, the layout, design, flow, look
and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by
or licensed to Biomentors and / or its affiliates, the underlying source and object code, instructions
embedded in any form of digital documents and other data, information, or material made available to you by
Biomentors (“Biomentors Content”). Biomentors Content, including its trademarks, will not be used,
modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or
rights to the Biomentors Content or the Platform by use of the Platform. You acknowledge and agree that the
Biomentors Content is protected by the copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution,
transmission, republication, display or performance of the Biomentors Content and any component thereof is
strictly prohibited.
You confirm and undertake not to utilize any data mining tools, robots, or similar data gathering and
extraction tools to extract for re-utilization of any substantial parts of this Platform, without
Biomentors’s express prior written consent.
Feedback
If any User(s) submits suggestions, ideas, comments, or questions containing product feedback about the
Platform or any of the Services, either through the Platform or otherwise (“Feedback”), then such
User(s) grants Biomentors and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and
irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, transmit, and display such Feedback in any form. Users shall have
no intellectual property right in the Platform as a result of Biomentors’s incorporation of their Feedback
in the Platform.
Copyright, Trademarks Rights
If Biomentors has knowledge of or has any reason to believe that any User-generated Content such as
comments, chat or similar contents on the Platform violates the rights of Biomentors, then we reserve the
right to remove access to such content in accordance with takedown practices specified in Takedown Policy.
Biomentors’s Rights
In respect of the entire Platform, Biomentors reserves the following rights:
- Biomentors reserves the right to put on-hold or reject or suspend or terminate your registration on the
Platform for the purpose of complying with the legal and regulatory requirements.
- Biomentors reserves the right to remove you and/or your data without notice if you violate any
provisions of the Platform Terms.
- Biomentors may modify, terminate, or refuse to provide Services at any time for any reason, without
notice.
- Notwithstanding anything contrary stated in the Platform Terms, in its sole discretion, Biomentors may
remove anyone from the Platform at any time for any reason.
- Biomentors reserves the right to access your account and/or your data in order to respond to requests
for technical support, to maintain the safety and security of the Platform, legal purposes and for other
legitimate business purposes, as necessary, in Biomentors’s discretion.
- Biomentors has no obligation to monitor any content that appears on the Platform or review any conduct
occurring through the Platform, including any interactions between Users, however, if Biomentors receives
notice or becomes aware of, any violation of the Platform Terms, then, Biomentors reserves the right to
refuse your access to the Platform, terminate accounts or remove such violating content at any time
without notice to you.
- Biomentors reserves the right to change the rewards and BM coins policy at any point of time without
prior notice.
- Biomentors reserves the right to change the price of the Biomentors product listed on the product store
section of the platform.
Platform Availability
Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance,
or due to the introduction of new facilities or services at any time without prior notice. We will attempt
to limit the frequency and duration of any such suspension or restriction. You agree that Biomentors will
not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is
unavailable at any time or for any period for use.
Deletion of Account
As a Learner, you may delete your account at any time by either writing to us at the email address provided
under ‘Contact Us’ section below or by using the delete option provided within your account on the Platform
(if available). If your account is deleted (regardless of the reason), you will no longer has access to your
account on the Platform and your Content may no longer be available; any deletion once processed is
irrecoverable. Biomentors is not responsible for the loss of your information and/or Content upon deletion
and Biomentors shall not be liable to any party in any way for the inability to access Content arising from
any deletion. Please note that all accounts will remain active unless you explicitly ask us to delete it,
and applicable Package payments shall continue to be deducted until cancelled by you or until your account
is deleted on your request (as stated in the ‘Pricing and Payments’ section above) or otherwise
terminated in accordance with the Platform Terms.
Please note that we may not be able to delete all communications or photos, files, or other documents
publicly made available by you on the Platform, however, we shall anonymize your Personal Information (as
defined in the Privacy Policy) in such a way that you can no longer be identified as an individual in
association with such information made available by you on the Platform. We will never disclose aggregated
or de-identified information in a manner that could identify you as an individual.
Disclaimer:
YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIOMENTORS,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, BIOMENTORS
EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY,
QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, USER-GENERATED CONTENT ON THE PLATFORM, OR THE
CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF USER-GENERATED CONTENT OR ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY
THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER- GENERATED CONTENT OR ANY OTHER
CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AS BIOMENTORS IS
STRICTLY AN INTERMEDIARY AS UNDER THE INFORMATION TECHNOLOGY ACT, 2000. BIOMENTORS DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER- GENERATED CONTENT OR THE PLATFORM ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND BIOMENTORS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER-GENERATED CONTENT OR SERVICES. AS WITH THE
PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIOMENTORS, ITS AFFILIATES, THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF USER-GENERATED CONTENT OR ANY OTHER CONTENT AVAILABLE AT BIOMENTORS, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR BIOMENTORS
PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE BIOMENTORS PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR BIOMENTORS PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BIOMENTORS
PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
BIOMENTORS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE
LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, BIOMENTORS AND
ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU
THE BIOMENTORS PLATFORM AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT BIOMENTORS SHALL NOT BE LIABLE FOR USER- GENERATED CONTENT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
THE BIOMENTORS PLATFORM IS CONTROLLED AND OFFERED BY BIOMENTORS AND / OR ITS AFFILIATES DEPENDING UPON YOUR
JURISDICTION. BIOMENTORS MAKES NO REPRESENTATIONS THAT THE BIOMENTORS PLATFORM IS APPROPRIATE OR AVAILABLE
FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE BIOMENTORS PLATFORM FROM OTHER JURISDICTIONS DO SO
AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Indemnity and Release
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Biomentors, its
affiliates, their respective officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to
attorney’s fees) arising from: (i) your use of and access to the Biomentors Platform; (ii) your violation of
any term of the Platform Terms; (iii) your violation of any third party right, including without limitation
any copyright, property, or privacy right; (iv) any claim that your User-generated Content caused damage to
a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will
survive these Terms and Conditions and your use of the Biomentors Platform.
You hereby expressly release Biomentors, its affiliates and any of their respective officers, directors,
employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions
of any third-party vendors or service providers and specifically waive any claims or demands that you may
have in this behalf against any of Biomentors, its affiliates and any of their respective officers,
directors, employees and agents under any statute, contract or otherwise.
Applicable Law and Jurisdiction
The applicable law and jurisdiction is dependent upon which entity forming part of the Biomentors group is
offering you the Platform and the Services, which in turn is dependent upon the Package chosen by you.
Illustratively, Services provisioned in respect of Packages pertaining to India, Biomentors India shall be
the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in
accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the
courts at India.
General Provisions:
- Legal Notices: In the event of any other disputes or claims arising from the use of the
Biomentors Platform, please get in touch with us at info@biomentors.online.
- Modification, Amendment or Termination: Biomentors may, in its sole discretion, modify or revise
the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your
continued use of the Platform post any modification of the Agreement shall be taken as your consent and
acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party
rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep
yourself updated with the most recent updates.
- Force Majeure: Biomentors shall not be liable for failure to perform, or the delay in performance
of, any of its obligations if, and to the extent that, such failure or delay is caused by events
substantially beyond its control, including but not limited to acts of God, acts of the public enemy or
governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes,
epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
- Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that
part of the Agreement will be deemed severable and will not affect the validity and enforceability of any
remaining provisions. Any notice required to be given in connection with the Platform shall be in writing
and sent to the registered office of Biomentors. We do not guarantee continuous, uninterrupted or secure
access to the Platform, and operation of the Platform may be interfered by numerous factors outside our
control. Headings are for reference purpose only an on no way define, limit, construe or describe the
scope or extent of such section. Our failure to act with respect to any breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
Contact Us
If you have concerns or queries regarding the Platform Terms or Services offered by Biomentors, please
write to us at info@biomentors.online.
