Terms & Conditions
1.Introduction
Welcome to Mastishkam India
These Terms of Service govern your use of our website located at
https://mastishkam.com/ (together or individually “Service”) operated by Mastishkam
India.
Our Privacy Policy also governs your use of our Service and explains how we collect,
safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You
acknowledge that you have read and understood Agreements, and agree to be bound of
them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the
Service, but please let us know by emailing at support@mastishkam.com so we can try to
find a solution. These Terms apply to all visitors, users and others who wish to access or use
Service.
2.Communications
3. Purchases
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
5. Refunds
At Mastishkam India, we prioritize delivering exceptional service and value to our clients. To ensure clarity and transparency, we have outlined our refund policy as follows:
**1. Non-Refundable Policy:**
– Mastishkam India generally does not offer refunds for services rendered. Once a service has been provided and payment has been made, it is considered non-refundable.
**2. Special Cases:**
– In exceptional circumstances, where a refund is deemed appropriate and is approved by management, Mastishkam India may consider providing a partial refund.
– Such special cases may include instances of dissatisfaction with the service provided, failure to meet agreed-upon deliverables, or other extenuating circumstances as determined by management.
– Approval for a refund in a special case is at the sole discretion of Mastishkam India management.
A. **Misbehavior with Team:** Mastishkam India reserves the right to terminate services immediately if a client engages in any form of verbal or written abuse, harassment, or disrespectful behavior towards our team members. No refunds will be issued in such cases.
B. **Creating Chaos:** Clients intentionally disrupting normal business operations may have their services terminated without refunds. This includes repeated complaints, unwarranted demands, or disruptive behavior.
C. **Acting Beyond Company Policy:** Clients violating company policies, terms of service, or contractual agreements may face service termination without refunds. This includes unauthorized use of services, illegal activities, or breaches of confidentiality.
D. **Incidents Identified by Management:** Mastishkam India reserves the right to stop services without issuing refunds if management identifies behavior or activity detrimental to the company’s interests, reputation, or operations.
E. **Discretionary Refunds:** Mastishkam India may, at its sole discretion, consider refund requests in special cases not covered by the above criteria. However, such considerations will be made on a case-by-case basis and are not guaranteed.
**3. Refund Amount:**
– In the event of an approved refund, Mastishkam India will deduct an 80% service fee from the total amount paid by the client. This deduction accounts for the time, effort, and resources invested in delivering services.
**4. Refund Process:**
– Clients seeking a refund in a special case must submit a formal request to Mastishkam India management, providing detailed reasons.
– Management will review and assess the request’s validity based on presented circumstances.
– If approved, Mastishkam India will promptly initiate the refund process.
**5. Communication:**
– Mastishkam India will communicate the decision regarding refund requests to clients in a timely manner, informing them of the approved refund amount and expected timeline for processing.
**6. Exceptions:**
– Mastishkam India reserves the right to make exceptions to this refund policy on a case-by-case basis. Any exceptions granted do not constitute a waiver of this refund policy and shall not set a precedent for future cases.
**7. Policy Updates:**
– Mastishkam India reserves the right to update or modify this refund policy at any time without prior notice. Clients will be informed of changes through our website or other appropriate channels.
By engaging with Mastishkam India’s services, clients acknowledge and agree to abide by the terms and conditions of this refund policy. All disputes shall be subject to the jurisdiction of the Amravati City, Maharashtra Courts.
If you have any questions or concerns regarding our refund policy, please contact us at [admin@mastishkam.com].
Thank you for choosing Mastishkam India for your business needs.
Mastishkam India Management
Career Counseling Reports (CAT REPORT) on the Platform
The Mastishkam platform strictly prohibits any editing, modification, or reproduction of the career guidance report without the written consent of the company. All rights are reserved.
• The recommendations, advice, and analysis provided in the report are solely based on our algorithm. Mastishkam will not be held responsible for any decisions made by the professional based on the report’s findings. It is recommended to use the report only for guidance purposes. Any wrong guidance provided based on the report’s recommendations is not the responsibility of Mastishkam. The report should be utilized as a point of reference only. The ultimate decision lies with the counselor/clients who utilize the output of the career guidance report.
DISPUTE RESOLUTION:
Any dispute(s) arising out of this Agreement shall, as far as possible, be settled amicably between the
Parties hereto failing which the following shall apply:
a) Any dispute under this Agreement shall be referred to arbitration by a sole arbitrator to be appointed
jointly by the Parties.
b) The arbitration proceedings shall be held in Amravati Maharashtra in accordance with the provisions of
the Arbitration and Conciliation Act, 1996 or any statutory re-enactment or modification thereof for the time
being in force.
c) The Parties agree that the arbitration award shall be the final and may be enforced as a decree.
d) The Parties further agree that subject to the above only the competent courts at Amravati Maharashtra
shall have jurisdiction in all matters arising hereunder.
e) The Parties further agree to keep the arbitration proceedings and the arbitral award confidential. If either
Party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing
Party shall be entitled to recover reasonable costs and attorneys’ fees.
6. Content
7. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not
to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any
way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including
any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening,
fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful
purpose or activity
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of
Service, or which, as determined by us, may harm or offend Company or users of Service or
expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or
interfere with any other party’s use of Service, including their ability to engage in real time
activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service
for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any
other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or database
connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
8. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
9. No Use By Minors
By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
10. Intellectual Property
Service and its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of Mastishkam India and its licensors.
Service is protected by copyright, trademark, and other laws of and foreign countries. Our
trademarks may not be used in connection with any product or service without the prior
written consent of Mastishkam India.
11. Copyright Policy
12. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the
URL (i.e., web page address) of the location where the copyrighted work exists or a copy of
the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you
claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the copyright
owner’s behalf.
You can contact our Copyright Agent via email at support@mastishkam.com.
13. Error Reporting and Feedback
14. Links To Other Web Sites
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
15. Disclaimer Of Warranty
16. Limitation Of Liability
17. Termination
We may terminate or suspend your account and bar access to Service immediately, without
prior notice or liability, under our sole discretion, for any reason whatsoever and without
limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
A) Advertising-
a) Franchisee hereby agrees to use and prominently display the Franchisor Marketing Materials and Proprietary Marks solely in connection with the New Franchisee Business.The franchisor may request reports regarding Franchisee’s advertising expenditure and activities, at Franchisor’s sole and exclusive discretion.
b) Franchisee agrees not to advertise or market the New Franchisee Business in any way which may disparage or detract from the reputation of Franchisor. If Franchisee has not received prior approval for any marketing materials, Franchisee agrees to submit such materials to Franchisor for approval, which Franchisor will approve or deny in a reasonable time period.
c)
franchisee will be responsible for driving the promotions, marketing and final delivery of the groundwork for enabling career counselling . franchisee will be responsible for generation of any Leads as part of the business development locally . Mastishkam will provide marketing materials.
18. Governing Law
These Terms shall be governed and construed in accordance with the laws of India, which
governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of
those rights. If any provision of these Terms is held to be invalid or unenforceable by a court,
the remaining provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any prior
agreements we might have had between us regarding Service.
19. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we
provide via Service, in our sole discretion without notice. We will not be liable if for any
reason all or any part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service, to users,
including registered users.
20. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your
responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you
accept and agree to the changes. You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree
to be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use Service.
21. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further
or continuing waiver of such term or condition or a waiver of any other term or condition, and
any failure of Company to assert a right or provision under Terms shall not constitute a
waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of Terms will continue in full force
and effect.