Terms & Conditions

Ownership of Website; Agreement to Terms of Use
The Terms and Conditions listed here are the Terms and Conditions (the “Terms of Use”) that apply to the use of MINDCo Website located at www.mindco-consulting.com. The Website is the property of MINDCo Consulting Group. (“MINDCo”) and its licensors. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

MINDCo, at its sole discretion, reserves the right to change, modify, add or remove portions of these Terms of Use, at any time. It is responsibility of the user to check these Terms of Use regularly for the changes. The continued use of the Website following the changes in terms of use shall mean that you accept and agree to the changes. You are only allowed to use the Website as a privileged user as long as you comply with the Terms of Use. MINDCo grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Content
All Content on the Website including but not limited to the layout, page structure, colour selection, expression, and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to MINDCo, and is protected by MINDCo’s rights.

Except as expressly provided in these Terms of Use, nothing from this Website and no content may be copied, republished, posted, publicly displayed, transmitted or distributed in any way without seeking a prior written approval from MINDCo.

Your Use of the Website
Your usage of this Website is limited to seeking information on MINDCo’s services and/or making the payment after MINDCo advises you the approval to make such payment through this Website. MINDCo reserves the right to bar any such activity.

You should not attempt to gain an unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server where the Website is located by hacking, or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or MINDCo’s systems or networks, or any systems or networks connected to the Website or to MINDCo.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MINDCo on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MINDCo or others.

Purchases; Other Terms and Conditions
Any payment made through the Website requires you to seek prior written approval or advise from MINDCo before making such payment. The payment made on this Website may be governed by additional terms and conditions subject to the individual service being availed by you. The copy of such terms and conditions shall be made available to you on request and shall be duly signed by you before MINDCo provides you with a written approval or advise before making any payment through this Website. MINDCo shall not bear any liability for any payment made through this Website without a prior written advise or approval from MINDCo. Once signed, you agree to abide by such terms and conditions, and indemnify MINDCo, its subsidiaries, its affiliates, its Directors and Employees of any loss that you may incur as a result of not complying with such terms and conditions. You represent that you are of sufficient legal age to use this Website or any service that MINDCo offers through this website or outside this Website. If there is a conflict between these Terms of Use and the terms applicable to a specific service agreement signed for a certain service to be provided, the latter terms shall prevail for the specific service.

MINDCo’s obligations, if any, with regard to its services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
MINDCo may make changes to any services offered on the Website, at any time, without notice. The materials on the Website with respect to services may be out of date, and MINDCo makes no commitment to update the materials on the Website with respect to such services.

The content and policies on this site may be changed from time to time and are effective immediately upon posting such changes on the Website.

Privacy
MINDCo’s Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. To view MINDCo’s Privacy Policy, click here. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Websites and to the MINDCo Website

This Website may contain links to other independent third-party Websites including the online payment links (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under MINDCo’s control, and MINDCo is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites. Any liability arising out of using these third party links or third party Linked Websites is responsibility of the user.

Disclaimers
MINDCO DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MINDCO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MINDCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MINDCO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY MINDCO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST MINDCO FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

MINDCo reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will MINDCo be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MINDCo has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, MINDCo is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, MINDCo’s liability shall in no event exceed the greater of (1) the 50% of total of any fees with respect to any service paid in the three months prior to the date of the initial claim made against MINDCo or (2) AUD$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold MINDCo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MINDCo by you or any third party due to or arising out of or in connection with your use of the Website.

Violation of These Terms of Use
MINDCo may disclose any information we have about you (including your identity) if it is determined that such disclosure is necessary to support any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MINDCo’s rights or property, or the rights or property of visitors to or users of the Website, including MINDCo’s customers. MINDCo reserves the right at all times to disclose any information that MINDCo deems necessary to comply with any applicable law, regulation, legal process or governmental request. MINDCo also may disclose your information when MINDCo determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that MINDCo may preserve any transmittal or communication by you with MINDCo through the Website or emails or through any other written document in connection with your use of website or for any service offered on or through the Website, and may also disclose such data if required to do so by law or MINDCo determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MINDCo, its employees, users of or visitors to the Website, and the public.

You agree that MINDCo may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website.

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MINDCo, for which monetary damages would be inadequate, and you consent to MINDCo obtaining any injunctive or equitable relief that MINDCo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MINDCo may have at law or in equity.

You agree that MINDCo may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

If MINDCo does take any legal action against you as a result of your violation of these Terms of Use, MINDCo will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MINDCo. You agree that MINDCo will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the Australia and by the laws of the ACT without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts in ACT, Australia, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply to clients who are usually resident in the UAE and India. We do not service retail clients based in the geographies of the UK and the European Union.

Any claim under these Terms of Use must be brought within three (3) months after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for services are also subject to this limitation.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between MINDCo and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited
MINDCo operates the Website from its location in ACT Australia. Certain administrative operations and support activities on this Website are performed from overseas jurisdictions including from India, Philippines and the UAE to support MINDCo’s business requirements. Although the Website is accessible worldwide, not all services discussed, referenced, provided or offered through or on the Website are available to all clients or in all geographic locations. MINDCo reserves the right to limit, in its sole discretion, the provision and quantity of any service to any person or any geographic area. Any offer for any service made on the Website is void where prohibited. If you choose to access the Website from outside the Australia, you do so on your own initiative and risk. You are solely responsible for complying with applicable local laws while accessing the Website or any links or Linked Websites.

Miscellaneous
Usage of content on the Website or its adaptation in any form is prohibited.
If any of the provisions of these Terms of Use are held by a court or other tribunal of a competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and MINDCo with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and MINDCo with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with MINDCo, MINDCo will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. MINDCo’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by MINDCo of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between MINDCo and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information

Any feedback you provide at this Website shall be deemed to be non-confidential. MINDCo shall be free to use such information on an unrestricted basis. MINDCo is under no compulsion to implement any suggestions or actions suggested by you in your feedback. You may share such feedback on mindcoconsulting.com@gmail.com

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