Terms and Conditions

Welcome to Mellow Elements!

 

These terms and conditions outline the rules and regulations for the use of Mellow Elements' Website, located at https://mellowelements.in/index.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Mellow Elements if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Mellow Elements, you agreed to use cookies in agreement with the Mellow Elements's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Mellow Elements does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Mellow Elements, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Mellow Elements shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Mellow Elements reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Mellow Elements a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Mellow Elements. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Mellow Elements's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nat

Subscriptions

Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Mellow Elements cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting info@mellowelements.in  customer support team.

A valid payment method is required to process the payment for your subscription. You shall provide Mellow Elements with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Mellow Elements to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Mellow Elements reserves the right to terminate your access to the Service with immediate effect.

All subscriptions are prepaid.

 

Fee Changes

Mellow Elements, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Mellow Elements will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@mellowelements.in, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

 

Error Reporting and Feedback

You may provide us either directly at info@mellowelements.in or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

DMCA Notice and Procedure for Copyright Infringeme

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 info@mellowelements.in.

 

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.

Any personal sharing with client and vice versa during interview will be permanent termination and suspension of accounts.

Failure of payment within the due date of payment will also temporarily suspend accounts.

 

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.

Mellow Elements is Brand or Project of Seminator Infosystem PVT LTD.

 

NON-DISCLOSURE AGREEMENT

  • This NON-DISCLOSURE AGREEMENT, hereinafter known as the “Agreement”, is entered into between Registered User(as Resources)(“Candidate”) and SEMINATOR INFOSYSTEM PVT LTD. (“Company”), collectively known as the “Parties” as of the Date of Account Creation or Work Start(the “Effective Date”).
  • Article I: Scope of Agreement
  • This Agreement acknowledges that certain confidential information, trade secrets, and proprietary data (hereinafter defined and referred toas “Confidential Information”) of or regarding the Company may be discussed between candidate and the Company (hereinafter known collectively as the “Parties”).The provisions set forth in this Agreement define the circumstances in which the Candidate can and cannot disclose Confidential Information, and include the remedies, penalties and lawful action the Company may take should such information be used or disclosed by Candidate. Both Parties agree that it is in their best interests to protect the Company’s Confidential Information, and that the terms of this Agreement create a bond of trust and confidentiality between them. In consideration of Candidate’s commencement of employment, or continued employment with the Company, the Parties agree as follows:
  • Article II: Confidential Information
  • A. Definitions. Confidential Information is any material, knowledge, information and data (verbal, electronic, written or any other form) concerning the Company or its businesses not generally known to the public consisting of, but not limited to, inventions, discoveries, plans, concepts, designs, blueprints, drawings, models, devices, equipment, apparatus, products, prototypes, formulae, algorithms, techniques, research projects, computer programs, software, firmware, hardware, business, development and marketing plans, merchandising systems, financial and pricing data, information concerning investors, customers, suppliers, consultants and Candidates, and any other concepts, ideas or information involving or related to the business which, if misused or disclosed, could adversely affect the Company’s business.
  • B. Exclusions. For the purposes of this Agreement, information shall not be deemed Confidential Information and the Candidate shall have no obligation to keep it confidential if: (i) the information was publicly known. (ii) the information was received from a third party not subject to the restrictions of this Agreement and becomes available to Candidate through no wrongful act or breach of Agreement on their part; or (iii) the information was approved for release by Employer through written authorization.
  • C. Period of Confidentiality. (Check One) ☐ -
  • Candidate agrees not to use or disclose Confidential Information for their own personal benefit or the benefit of any other person, corporation or entity other than the Company. ☐ - Candidate agrees not to use or disclose Confidential Information for their own personal benefit or the benefit of any other person, corporation or entity other than the Company during the Candidate’s employment with the company or any time thereafter.
  • D. Limitations.
  • Candidate shall limit access to Confidential Information to individuals on a strictly need-to-know basis, involving only those who are carrying out duties related to the Company and its business. Individuals under the Candidate’s command (affiliates, agents, consultants, representatives, and other Candidates) are bound by and shall comply with the terms of this Agreement.
  • E. Ownership. All repositories of information containing or in any way relating to Confidential Information is considered property of the Employer. The removal of Confidential Information from the Company’s premises is prohibited unless prior written consent is provided by the Company. All such items made, compiled, or used by the Candidate shall be delivered to the Employer by Candidate upon termination of employment or at any other time as per the Employer’s request.
  • Article III: Inventions A. Prior inventions. Any inventions created or conceptualized by the Candidate prior to signing the Agreement are excluded from the provisions herein.
  • B. Ownership of Inventions. Inventions constructed while under the Company’s employment are the sole property of the Company except those described under subsection (C.) of this section. C. Personal Inventions. Inventions developed by Candidate on their own personal time not constructed on Company property, and that were not created using any Company materials, equipment, technology or information, are exempt from the provisions of the Agreement.
  • Article IV: Entire Agreement A. Previous Agreements. This Agreement constitutes the entire agreement and the signing thereof by both Parties nullifies all previous agreements made between Employer and Candidate. B. Modifications and Amendments. No modifications, amendments, changes or alterations can be made to the Agreement unless in writing and signed by authorized representatives of both Parties. C. Successors and Assigns. This Agreement shall be binding upon the successors, subsidiaries, assigns and corporations controlling or controlled by the Parties. The Company may assign this Agreement to any party at any time, whereas Candidate is prohibited from assigning any of their rights or obligations in the Agreement without prior written consent from Company.
  • Article V: Nature of Relationship A. Non-contract.
  • The Agreement does not constitute a contract of employment, nor does it guarantee continuing employment for the Candidate.
  • B. Non-partner. The Agreement does not create a partnership or joint venture between Company and Candidate. Any financial arrangements made between both Parties shall not be included in this Agreement but must be disclosed in a separate document.
  • Article VI: Severability
  • Any provision within the Agreement (or any portion thereof) deemed invalid, unlawful or otherwise unusable by a court of law shall be dissolved from the Agreement and the remainder of the Agreement shall continue to be enforceable. A severed provision shall not alter the integrity of the Agreement, and the terms set forth in any severed provision shall be construed in such a way as to interpret the purpose for which it was drafted. Article VII:
  • Governing Law This Agreement shall be governed in accordance with the laws of the State of Haryana.
  • Article VIII: Immunity Disclosing
  • Confidential Information to an attorney, government representative or court official in confidence while assisting or taking part in a case involving a suspected violation of law is not considered a breach of this Agreement. Should the Candidate be required to disclose Confidential Information by law, the Candidate shall provide Employer with prompt notice of such request.
  • Article IX:
  • Breach of agreement
  • A. Cause for Action. Candidate understands that the use or disclosure of any Confidential Information may be cause for an action at law in an appropriate court of Haryana or any State of India, or in any federal court, and that the Employer shall be entitled to an injunction prohibiting the use or disclosure of the Confidential Information.
  • B. Indemnification. Candidate understands and agrees that if the use or disclosure of Confidential Information by them or any affiliate, Candidate or representative of the Candidate causes damage, loss, cost or expense to the Company, the Candidate shall be held responsible and shall indemnify the Company.
  • C. Injunctive Relief. The Candidate understands and agrees that the use or disclosure of Confidential Information could cause the Company irreparable harm and the Company has the right to pursue legal action beyond remedies of a monetary nature in the form of injunctive or equitable relief. This may be in addition to any other remedy, penalty or claim the law can provide.
  • D. Notice of Unauthorized Use or Disclosure. Candidate is bound by this Agreement to notify the Company in the event of a breach of agreement involving the dissemination of Confidential Information, either by the Candidate or a third party, and will do everything possible to help the Company regain possession of the Confidential Information.
  • Article X: Prevailing party In a dispute arising out of or in relation to this Agreement, the prevailing party shall have the right to collect from the other party its reasonable attorney fees, costs and necessary expenditures.
  • IN WITNESS WHEREOF, the Parties hereto agree to the terms of this Agreement and signed on the dates written below.
  • Here I am (Account User Name) accepting NDA 
  • Account Holder Name