Terms of Use
1. General
- This document is an electronic record under the Information Technology Act, 2000 and applicable rules thereunder, including amended provisions relating to electronic records. It is generated by a computer system and does not require physical or digital signatures. This document sets forth the terms of use for access to or usage of the Website, Platform, or any other means of digital interaction (collectively referred to as the "Service"), operated by Management & Entrepreneurship and Professional Skills Council (MEPSC), with its registered office at 20th Floor, Amba Deep Building, Opp. British Council, 14 KG Marg, Connaught Place, New Delhi – 110001 (hereinafter referred to as the "Company").
- The terms "User," "You," or "Your" refer to any person, organization, or legal entity who accesses or uses the Services offered through the Website, Platform, or any other manner, and who is competent to enter into a binding contract under the Indian Contract Act, 1872.
- The terms "We," "Us," or "Our" refer to MEPSC and its affiliates, officers, directors, employees, agents, licensors, and partners, as the context requires.
- The term "Services" refers to all functionalities, tools, content, training modules, resources, programs, applications, or features provided by MEPSC through the Website, Platform, or any other medium, online or offline, including any events, webinars, videos, and interactions.
- The headings in this agreement are for reference purposes only and do not affect the interpretation of these Terms.
- These Terms of Use, together with the Privacy Policy and any other guidelines or policies issued by the Company, constitute a legally binding agreement between you and the Company for the use of the Website, Platform, or any other manner of engagement.
- By accessing, registering for, or using the Website, Platform, or Services in any manner, you accept these Terms and agree to abide by them. If you do not agree, you should not use or access the Services.
- MEPSC may update or modify these Terms from time to time without prior notice. It is your responsibility to review them periodically. Continued use of the Services after any changes implies your consent to the revised Terms.
- Subject to your continued compliance with these Terms, MEPSC grants you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your personal or organizational use.
2. User Registration and Obligations
- Registration: To access certain Services, you may be required to register by providing accurate and complete information. You agree to keep this information updated. MEPSC reserves the right to suspend or terminate accounts with false or incomplete data.
- Eligibility: You represent that you are at least 18 years of age and legally competent to enter into contracts under applicable laws.
- c. Security: You are responsible for safeguarding your account credentials. MEPSC will not be liable for unauthorized access to your account.
3. Fees, Payments & Refund Policy
- Fees: Some Services offered through the Website, Platform, or any other means may be chargeable. The applicable fees will be communicated at the time of registration or access to specific Services.
- Non-Refundable Payments: Unless expressly stated otherwise in writing by MEPSC, all payments made for Services are non-refundable, including but not limited to cancellations, no-shows, or non-utilization by the User.
- Refunds in Limited Cases: MEPSC may issue a refund at its sole discretion only in the event of its failure to deliver the Service in accordance with its stated commitments. Any such refund, if approved, will be processed within 30 business days or as per the applicable refund terms of related services.
- No Chargebacks: You explicitly waive any right to initiate chargebacks or reversals for payments made through the Platform without first exhausting the dispute resolution process prescribed herein. Unauthorized chargebacks will be treated as a breach of these Terms and may result in immediate suspension or termination of your account, along with potential legal recourse.
- Third-Party Payment Providers: All transactions are processed by authorized third-party payment gateways. MEPSC is not liable for any delays or failures caused by these Third- Party payment providers.
4. Use of Content and Intellectual Property
- All content provided via the Website, Platform, or any other manner—including training material, images, videos, audio, software, text, graphics, and documents—is the exclusive property of MEPSC or its licensors.
- You may not copy, download, modify, publish, distribute, or exploit any content without MEPSC’s prior written consent.
4A. Third-Party Services and External Dependencies
a. Third-Party Service Providers: MEPSC may rely on third-party providers for certain functionalities, including but not limited to:
- Payment gateways,
- Hosting infrastructure,
- SMS/email communication tools,
- Certification agencies,
- Logistics providers,
- Assessment bodies,
- Cloud service vendors.
While MEPSC exercises due diligence in selecting such service providers, it shall not be liable for any delay, disruption, non-performance, breach of data, or other service issues attributable to any such third party.
b. Payment Gateways: All financial transactions made through the Platform or Website are processed by authorized third-party payment gateway providers. MEPSC does not store any sensitive payment information (e.g., card or UPI details), and is not responsible for:
Payment failures,
Double debits,
Delays in processing,
Chargebacks initiated improperly,
Unauthorized transactions due to user negligence.
c. Service Delivery Dependent on External Agencies: Certain services such as certification, assessment, content access, or training delivery may involve external facilitators or domain partners. MEPSC will not be liable for:
Delays caused by third-party assessors/trainers,
Unavailability of third-party platforms or tools,
Quality or timeliness of services that are not fully under MEPSC’s direct control.
d. No Warranty on Third-Party Software or Integrations: MEPSC may integrate or link to third-party platforms (such as video conferencing tools, LMS systems, or document repositories). MEPSC does not make any warranty or guarantee regarding the availability, performance, security, or functionality of such platforms. Users agree to be bound by the third party's own terms of use and privacy policies.
e. Force Majeure: MEPSC shall not be liable for any failure or delay in performance due to reasons beyond its reasonable control, including but not limited to acts of God, war, strikes, epidemics, pandemic restrictions, third-party service outages, internet disruptions, or government actions.
5. Data Storage, Disputes and Compliance
- No Storage of Sensitive Data: MEPSC does not store any card credentials or sensitive payment data (including CVV, PIN, or OTPs) on its servers, in line with RBI’s data storage and tokenization guidelines issued under circulars dated March 17, 2020, and subsequent amendments.
- Transaction Disputes: In case of failed, fraudulent, or delayed transactions, Users are advised to first contact the payment gateway provider directly. MEPSC will provide reasonable support but will not be liable for any refunds, penalties, or interest for delays not attributable to MEPSC.
- Compliance with KYC/AML Norms: Users making payments via the Platform agree to comply with Know Your Customer (KYC) and Anti-Money Laundering (AML) obligations as may be required by the RBI or applicable law.
6. User Conduct and Restrictions
You agree not to:
- Use the Website, Platform, or any other Service to engage in illegal, defamatory, abusive, harassing, infringing, or otherwise objectionable conduct.
- Upload, distribute, or transmit any virus, malware, or harmful code.
- Attempt to reverse-engineer, hack, or compromise the security or integrity of the Platform or its infrastructure.
- Harvest, collect, or store personal data about other users without consent.
- Impersonate any person or entity or misrepresent your affiliation with MEPSC or any third party.
- Use the Platform or Website for unsolicited marketing, spam, or commercial advertising not authorized by MEPSC.
- Violate any applicable law, regulation, or government policy in India or abroad.
7. Indemnification and Limitation of Liability
- You agree to indemnify and hold harmless MEPSC, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your use of the Website, Platform, or Services or your violation of these Terms.
- Limitation of Liability: MEPSC shall not be liable for any indirect, incidental, special, consequential, or punitive damages including, without limitation, loss of data, profits, or reputation arising out of your use of or access to the Services, even if advised of the possibility of such damages.
8. Termination
- You may terminate your use of the Services at any time by discontinuing access to the Website or Platform.
- MEPSC reserves the right to suspend or terminate your account and access to the Services at its sole discretion, with or without notice, for any violation of any of the Terms of use.
- Upon termination, you remain liable for any obligations incurred before the termination date.
9. Dispute Resolution and Jurisdiction
- All disputes shall first be attempted to be resolved through mediation. If mediation fails, disputes shall be settled through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall take place in New Delhi, in English, and the decision shall be binding.
- Subject to the above, courts located in New Delhi, India shall have exclusive jurisdiction.
10. Privacy
- Please refer to our Privacy Policy, which governs your use of the Platform, Website, or any Services provided by MEPSC, and explains how we collect, store, use, and disclose your information.
- By using the Services, you consent to the collection and use of your personal data as outlined in the Privacy Policy.
11. Miscellaneous Provisions
- Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
- Entire Agreement: These Terms constitute the entire agreement between the User and MEPSC relating to the use of the Website, Platform, or Services in any manner.
12. Notices
13. Contact Us