Terms & Conditions

Mepits - Terms & Conditions

MEPITS (the ‘Website’) is a platform for users from all fields of engineering to create, publish, purchase, fund and subscribe to projects and also to create company pages (‘Services’). By accessing, browsing or downloading any part of this site or its content, or posting or uploading to this site, or any other use of this site and its content, whether as a registered user or an unregistered visitor, you agree to comply with these terms and all relevant applicable laws. (‘Terms of Use’) Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the Website and, together with these Terms of Use, govern your use of those areas, content or transactions. The Headings given for each section are only for the purpose of reference and do not limit the scope and extent of the section. These Terms of Use, together with applicable additional terms and conditions, are referred to as "Agreement". No agency, partnership, joint venture, employer- employee or franchiser- franchisee relationship is created or intended by this Agreement.

MEPITS reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The Agreement, including the MEPITS Privacy Policy which is hereby incorporated into this Agreement by reference, sets forth the legally binding terms for your use of the Services. The current version of this Agreement was created on 10thMarch, 2014 and becomes effective from 10th March, 2014.

If access to this Website or any part thereof, or to any services provided by the Website is subject to the payment of a subscription fee, MEPITS may deny or suspend such access in the event of late payment or non-payment of any fee due. If you do not agree to these Terms of Use, please refrain from using this Website.

You are responsible for obtaining the relevant hardware and software equipment and paying all telephone (or other network) charges necessary to access and use this site and the services.

DEFINITIONS
  1. ‘The Network’ means the cabling, equipment and software by which the Service provider provides the Services as specified in Schedule.
  2. ‘The Services’ means the services specified in schedule.
  3. ‘The Helpdesk Services’ means the helpdesk services included in the Services as specified in Schedule.
  4. ‘The Network Area’ means the area covered by the Network as specified in Schedule.
  5. ‘The Software’ means the programs specified in schedule which are to be made available by the Service Provider for use by the Customer to gain access to the Network and the services.
  6. ‘The Customer’s Data’ means any data input into the Network by the Customer.
  7. ‘Business day’ means a day other than a Saturday, Sunday or a public holiday.
  8. ‘Completion of the Project’ means the acceptance by the Client of the System in accordance with the contract for its supply.
  9. ‘The Consulting Services’ means the consulting services to be provided by the consultant pursuant to the project.
  10. ‘The Project’ means the acquisition by the client of a fully operational computer system to meet the client’s requirement.
  11. ‘The Project Materials’ means any and all works of authorship and materials developed, written or prepared by the Consultant, its employees, agents or sub-contractors in relation to the Project (whether individually, collectively or jointly with the Client and on whatever media) including, without limitation, any and all reports, studies, data, diagrams, charts, specifications, pre-contractual and contractual documents and all drafts thereof and working papers relating thereto, but excluding ordinary correspondence passing between the Consultant and the Client.
  12. ‘The Project Participants’ means those employees and permitted sub-contractors of the Consultant engaged from time to time in providing the consulting Services and any employees of any such sub- contractors who are so engaged.
WHAT KIND OF SERVICES DO WE PROVIDE?

MEPITS is a platform for users from all fields of engineering to create, publish, purchase, fund and subscribe to projects and also to create company pages. Users can be individuals, companies, industries or organizations. Users, except organizations, have the option to create tutorials on various subjects related to engineering. MEPITS also creates the facility for users to have discussions, create groups among themselves, post job openings on the Website, and display their products and projects. It creates an open platform where creative projects can be funded and developed to a higher level. Through the Website, various content are made accessible including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Project Creators, Backers, and other visitors and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content. “User Submissions” means any content submitted by Users.

WHO CAN USE THE SERVICES?

To be eligible to use the Services, Users must meet the following criteria and represent and warrant that they:

  1. are not currently restricted from the services, or not otherwise prohibited from having a MEPITS account
  2. will only maintain one MEPITS account at any given time
  3. will use their real name and only provide accurate information to MEPITS
  4. will not violate any rights of MEPITS or a third party, including intellectual property rights such as copyright or trademark rights and
  5. will not violate any applicable law or regulation, or any other obligation (including contractual obligation) they might have towards third parties by the using the Services
  6. agree to bear all costs of the equipment, software and internet access necessary to use the Services

In case of minors, any minor who is entering into the Website to use the Services shall disclose his/her age and details of his/her parent or legal guardian.

ACCOUNT & PASSWORD PROTECTION

The profile created by Users on MEPITS will become part of MEPITS. However, between users, the account belongs to the intended users itself.

Users agree:

  1. to keep their password secure and confidential
  2. not to permit others to use their account
  3. not to use other user’s account
  4. not to sell or transfer their MEPITS account to another party.

Users are responsible for anything that happens through their account until they close down their account.

To post, upload or download materials, communicate via and to access this site, services resources and certain or all site content, the User may be asked to log on to the Website by providing their registration details. User agrees that all registration details provided by the User are and will remain true, correct, current and complete. User agrees to notify MEPITS immediately of any change which are relevant to User’s registration.

If MEPITS has reason to believe that the details furnished by the User are not correct, current or complete, or if MEPITS otherwise reasonably believes such action will be appropriate, it has the right to refuse user’s access to the site, and or any of its resources, services and site content and to terminate or suspend user’s account.

User is responsible for maintaining the confidentiality of his/her password, account number, ID and other details and for all activities under User’s account. Use a unique combination to create your password. If Users shares their password or any personal information with other users, such Users shall be responsible for any/all consequent actions and losses. MEPITS shall not be liable for any such actions and losses. Any unauthorized use of the User’s account or other breach of security should be reported to MEPITS immediately. Any account created by registering on the Website may be deleted without warning if we believe that any representation and warranty made by the User is breached or inaccurate.

CONDUCT OF USERS

As a condition of use, Users promise not to use the Website for any purpose that is prohibited by the Terms of Use or law. Users are bound to use all/ any of the features of the Website such as Industry, Jobs, Tutorials, Discussion Forum and Online Store according to the terms of this agreement. No user shall make use of all/ any of these features against the interest of MEPITS or against public policy. Users are responsible for all of their activity in connection with the Website. Users shall not, and shall not permit any third party using their account to, take any action, or Submit Content, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • they know is false, misleading, or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of MEPITS or any third party;
  • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • impersonates any person or entity, including any employee or representative of MEPITS.

Additionally, Users shall not:

  1. take any action that imposes or may impose (as determined by MEPITS in its sole discretion) an unreasonable or disproportionately large load on MEPITS or its third-party providers’ infrastructure;
  2. interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
  3. bypass any measures MEPITS may use to prevent or restrict access to the Website (or other accounts, computer systems, or networks connected to the Service);
  4. run Maillist, Listserv, or any form of auto-responder or "spam" on the Website; or
  5. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website.

Users shall not directly or indirectly:

  1. decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the extent applicable laws specifically prohibit such restriction;
  2. modify, translate, or otherwise create derivative works of any part of the Website; or
  3. copy, rent, lease, distribute, or otherwise transfer any of the rights that users receive hereunder.
USE OF DISCUSSION FORUM

MEPITS offers discussion forum and the project groups where users can post their observations and comments on various topics. By using this feature of the Website, Users agree not to post indecent or immoral materials on the forum. Users agree that discussions will be limited solely to topics, projects or gadgets in the field of engineering and that the discussions will not deviate from the original topic. Sensitive topics such as religion, politics, discussions on matters opposed to public policy and the like will not be permitted in the discussion forum and any User found indulging in such activities will be removed from the forum and his/her account may be terminated, subject to the sole discretion of MEPITS.

PROJECTS & TUTORIALS

Users agree that the projects and tutorials which they upload on the Website are original and are not copied from any other person or source. All intellectual property rights relating to such projects and tutorials shall remain with ________. MEPITS is not liable to any issues of copyright or lack of genuinity of Embed videos in our website. Any queries regarding the originality are solely answerable by the concerned video uploader.Images uploaded in MEPITS may find similarity to images with copyright. On request from concerned authorities about any such issues, MEPITS will check on it and duly address the same with the removal of such images. The projects and tutorials uploaded by users shall not be opposed to public policy and shall not be used in relation to violence, terrorism or for any other purpose detrimental to the safety and security of India.If any such projects and tutorials are found on the Website, Users shall report the same immediately to MEPITS and the same shall be removed with immediate effect by MEPITS. Such user shall be banned from using the Website in future.

ONLINE STORE

MEPITS’ Online store is open to both MEPITS account holders as well as those who do not have a MEPITS account. The Online Store is created to enable sale and purchase of electronic and industrial components, projects, gadgets, books and articles related to all fields of engineering. By using this feature, Users agree to comply with the rules for payment as mentioned in this Agreement. Users agree not to put up goods that are/can be used in relation to terrorism, violence or for any other purpose detrimental to the safety and security of India. If any such goods are found on the Online Store, Users shall report the same immediately to MEPITS and the same shall be removed with immediate effect by MEPITS. Such user shall be banned from using the Website in future.

ABUSE/MISUSE OF SERVICES

Users agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the User’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the User’s Project.

Users are required to report any abusive material posted by other users on any part of the Website. MEPITS may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of service includes but is not limited to, abusing MEPITS’ messaging services, creating multiple or false profiles, using services commercially without MEPITS’ authorization and infringing any intellectual property rights. MEPITS has adopted a policy of terminating accounts of members who, in MEPITS sole discretion, are deemed to be repeating infringers under the Copyright act.

PROHIBITED AND RESTRICTED USER CONTENT

MEPITS prohibits the transmission, distribution, dissemination, uploading, posting, submission, sharing and storage of User Content through this Website which it considers to be inappropriate or distasteful. This agreement requires that information posted by members be accurate and is not in violation of the intellectual property rights or other rights of the third parties. MEPITS shall not be liable for any such violations.

REVIEW OF USER CONTENT BY MEPITS

MEPITSis merely a venue for users to access specified services and information. MEPITS will review the user content which is uploaded by users before publishing it on the Website and if any of the content provided is found inappropriate, necessary action will be taken to remove such content.

STORAGE AND LOSS OF USER CONTENT

MEPITS shall not be liable for any loss, deletion, removal or failure of delivery to the intended recipient of user content uploaded onthe Website, whether caused by viruses, unauthorized access or otherwise. MEPITS reserves the right to deny access to this site and delete user content at any time without notice.

PAYMENT OF SUBSCRIPTION OR CHARGE FOR CONTENT/SERVICE

Some or all the content and/or services available on or via this Website may be available for purchase, subject to payment of a subscription fee or a one-time charge. If you elect for subscription-based content/services, Users shall send a subscription application to MEPITS. By sending such a subscription application you represent and warrant that all information which you submit are true and accurate, and you agree to pay all subscription charges plus the applicable taxes.

Except where expressly provided in other applicable terms, where subscription fees, access charges or other fees are payable for the purpose of accessing or downloading services/content from this Website, such subscription fees, access charges or other fees shall be payable by Users in advance, through the modes of payment and at the rates as stipulated by MEPITS.

MEPITS does not store the User’s card details. We however will keep payment transaction details and invoices on record. MEPITS will not liable for any loss that incurred while subscribing to other User’s projects or while purchasing or subscribing to gadgets that are offered by other users on the Website. Prices for the projects and gadgets as shown in the Website are exclusive of taxes and other relevant fees that are levied as per the law. If a User subscribes to a project, the obligation to pay subscription continues till the end of the subscription period during which the User may cancel the subscription.

MODE OF PAYMENT

All payments made in the Website will be in terms of Indian Rupees. No other form of currency will be accepted for transactions in the Website. All major Credit/Debit Cards and Bank Transfers are acceptable methods of payment. Once a transaction is initiated between a buyer and seller on the Website, it becomes a contract between the buyer and seller alone. MEPITS only provides the payment facility for buying and selling. Transactions are between the buyer and seller and MEPITS will not be liable for non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or projects. MEPITS will not guarantee the quality of goods put up for sale in the Website. MEPITS is only a facilitator and does not provide a banking or financial service. MEPITS cannot be held as a trustee or as acting in a fiduciary capacity in terms of the transaction and the payments made in any transaction on the Website.

Any product or service offered on this Website shall be purchased only through the payment facility created by MEPITS. MEPITS reserves the right to refuse to process any transaction which in its opinion is in breach of Banking policy or law. For security reasons, MEPITS reserves the right to conduct background checks on buyers and sellers who make transactions on the Website. If MEPITS is dissatisfied about the credibility of the buyer and/or seller, MEPITS will reject such transaction. The buyer and/or seller agrees not hold MEPITS responsible for any damages, interests or claims arising out of a failed or delayed transaction on the Website.

REFUND POLICY

All refunds made by MEPITS shall be conditional and shall be made through the same Bank Account which was used at the time of payment of the transaction price.

In case of cancellation of order or a failed transaction, the amount will be refunded to the User within a period of 7-15 days depending on the bank.

Incase of multiple payments for a single product, the User is requested to bring the same to our notice. After your notification we will be able to refund the extra amount within 7 days on a case to case basis. The same needs to be brought to our notice within 7 days of the transaction, after which we will not be able to refund the same.

PRODUCTS AND ASSOCIATED SERVICES

Users will be able to purchase products and product services from the sellers through the Website at prices determined by the sellers. All such transactions shall be solely between the Users and the applicable seller and governed by the seller’s terms and conditions of sale.

USER TO USER COMMUNICATION AND SHARING

MEPITS allows sharing of information by enabling Users to post updates including links to new articles, project recommendations etc. Users can create Groups and company pages for free. Users agree that ideas they share can be seen and used by others unless the visibility options are set accordingly, and MEPITS cannot guarantee that other members will not use the ideas and information Users share on the Website. Therefore, if Users have an idea or information that they would like to keep confidential or don’t want others to use, Users should not post it without adjusting the visibility options.

Users are solely responsible for their interactions with other members. MEPITS may limit the number of connections Users may have to other members and may, in certain circumstances, prohibit Users from contacting other users. MEPITS reserves the right, but has no obligation, to monitor disputes between users and other members and to restrict, suspend, or close a user’s account subject to MEPITS’ sole discretion.

CONTRIBUTIONS TO MEPITS

By submitting ideas, suggestions, documents, or proposals to MEPITS through suggestion or feedback sessions, Users acknowledge and agree that:

  1. their contributions do not contain confidential or proprietary information
  2. MEPITS is not under any obligation of confidentiality, express or implied, with respect to the contributions
  3. MEPITS shall be entitled to use or disclose such contributions for any purpose, in any way, in any media worldwide.
CONTENT DELETION

MEPITS reserves the right to delete any content in the Website, which in its opinion, is opposed to public policy, with notice to the User.

MUTUAL RIGHTS OF TERMINATION

Users may terminate this agreement, for any or no reason, at any time, with notice to MEPITS. MEPITS may terminate this agreement and a user’s account for any reason or no reason, at any time, with or without notice. Termination of MEPITS’ account includes disabling user’s access to MEPITS and may also bar them from the future use of MEPITS.

INTELLECTUAL PROPERTY NOTICES

The service includes the copyrights and Intellectual property rights of MEPITS and also the other users who are the owners of the Projects. The trademarks and the logos used by the companies in connection with MEPITS maybe the trademarks of the respective owners.

VIOLATION OF INTELLECTUAL AND PROPRIETORY RIGHTS

Any unauthorized use or copying of site content, or use of site content may violate trade mark, copyright and other proprietary rights, and have civil and criminal consequences. Users shall not use any site content (or any other content made available through this site) in any manner that infringes any trade mark, copyright or other proprietary rights. MEPITS reserves all rights with respect to such unauthorized use.

LICENSE AND WARRANTY FOR USER’S SUBMISSIONS TO MEPITS

Users agree that they own the information they provide MEPITS under this agreement, and may request its deletion at any time, unless they have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, Users grant MEPITS a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, royalty- free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information THEY provide, directly or indirectly to MEPITS, including, but not limited to any user generated content, ideas, concepts, techniques and /or data to the services, they submit to MEPITS, without any further consent, notice and/or compensation to them or to third parties. Any information Users submit to MEPITS is at their own risk of loss. By providing information to MEPITS, Users represent and warrant that they are entitled to submit the information and that the information is accurate, non confidential, and not in violation of any contractual restrictions on other third party rights. It is the user’s responsibility to keep their profile information maintained with MEPITS accurate and updated.

FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under this Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of their control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless MEPITS, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Website and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. MEPITS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with MEPITS in asserting any available defenses.

PRIVACY

Please review our Privacy Policy which forms part of this agreement, which governs the use of personal information on the Website and to which Users agrees to be bound as a user of the Website and the Services offered by MEPITS.

INTERNATIONAL USAGE OF THE WEBSITE

Accessing the Website is prohibited from territories where the Content is illegal. If Users access the Website from other locations, they do so at their own initiative and are responsible for compliance with local laws.

ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT

By using the Website, Users consent to receive from MEPITS some and/or all communications including notices, agreements, legally required disclosures, or other information in connection with the Website (collectively, "Contract Notices") electronically. MEPITS may provide the electronic Contract Notices by posting them on the Website. The User can choose not to receive communications such as newsletters, ads, etc. electronically by unsubscribing to them. However, some communications are mandatorily sent to the User electronically. If the User desires to withdraw consent to receive such communications electronically, then the User must discontinue their use of the Website.

GOVERNING LAW

This Agreement shall be governed by the laws of India. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules:

  1. the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
  2. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
  3. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, MEPITS may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

These terms and conditions form part of the Agreement between the User and MEPITS. Your accessing of this website indicates your understanding, agreement to and acceptance of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.