Terms & Conditions
1. Introduction
This is a legal and binding agreement between you, the user (“user”, “you”, “your”) and Adroit Innovance Pte Ltd., our subsidiaries, affiliates, and our international branches (“Panamind”, “us,” “we,” or “our”). Panamind provides high-end, curated and specially designed education and industry-relevant courses online (“Programs”) through its subsidiaries affiliates, partners, franchisees, permitted assignees, and our international branches.
Scope of Terms
The Terms of Use, Privacy Policy and other policies available on the Platform (collectively referred to as the “Terms”) govern your use of our website(www.panamind.com), apps (collectively referred to as the “Platform”), the information, services and other materials contained therein are provided and operated by Panamind and our Programs.
By accessing or using our platform and/or programs and services, you are unconditionally and irrevocably accepting and consenting to abide, be bound by, and adhere to the terms and if you do not agree to these terms, you are not entitled to avail of/use the platform and/or programs and any use thereafter shall be unauthorized.
These Terms shall apply to Panamind-hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications, and other social media forums hosted by Panamind, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions.
Panamind shall not be responsible for any disruption of services caused by such third-party service providers.
These terms include an arbitration agreement and class action waiver that apply to all claims brought against Panamind and/or Panamind parties. Please read them carefully; they affect your legal rights.
2. Limited License
Grant of License
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Platform and Programs. You may download content from our Program only for your personal, non-commercial use unless you obtain our written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Panamind, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.
Restrictions and Prohibitions
Without limitation, you agree not use the Platform and/or Program to:
- copy, sell, resell, lease, sublease, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platform and Programs;
- sale of access or a link to any part of the Platform or Program;
- provide training, support, or editorial services that use or reference the Platform or Program in exchange for a fee;
- use of the Platform or Program by a college, university, school, or other educational institution for instruction where tuition is charged;
- use of Platform or Program by a for-profit corporation or non-profit entity for internal professional development or training;
- use of Platform or Program for display/upload/ making available at a place that is accessible to the general public in any manner, including but not limited to any social media sites, video download sites, and torrents; and
- reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform or the Programs.
From time to time, Panamind may include software, code, instructions, or other such information in the Platform for the Programs; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the ‘Disclaimer’ and ‘Limitation of Liability’ sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Panamind and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platforms, Panamind Content, and Panamind Marks.
3. Programs
Panamind provides Programs from universities, educational institutions, and other Educational Partners. We consider our marketplace model the best way to offer valuable Programs to our users. As some of our Programs may be software that is downloaded to your computer, phone, tablet, or other devices, you agree that we may automatically update this software and that these Terms will apply to such updates.
Each Program may have a separate set of terms dealing with refunds, deferrals, payments, etc. governing such Programs, and our corporate clients may have executed separate written agreements with us, which, in the event of a conflict, will supersede these Terms to the extent of the conflicting provisions.
Use of Programs
While we seek to provide world-class Programs, unexpected events do occur. You understand, acknowledge, and accept that Panamind:
- reserves the right to cancel, interrupt, reschedule, or modify any Program, or change the point value or weight of any assignment, quiz, or other assessment, either solely, or in accordance with Program provider’s instructions. Programs are subject to the Disclaimers and Limitation of Liability sections below;
- at its sole discretion may limit, suspend, or terminate your use of the Platform or Programs and/or all Panamind-provided services related to the Programs, such as access to Panamind coaches or support services, evaluation services, or certifications;
- may modify or discontinue all services related to its Programs at its sole discretion;
- shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Panamind to maintain and support the Platform or Programs or any part or portion thereof or any associated services; and
- shall have no liability whatsoever to you in the event of non-availability of the Platform or any portion thereof occasioned by Act of God, war, disease, revolution, epidemic, pandemic, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster or any other cause whatsoever beyond the control of Panamind.
No Representations and Warranties
Panamind makes no representations that the platform operates (or is legally permitted to operate) in all geographic areas, or that the platform or information, and programs offered through the platform are appropriate or available for use in other locations. Accessing the platform from territories where the platform or any content or functionality of the platform or its portions thereof is illegal, is expressly prohibited. If you choose to access the platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
4. Registration and User Accounts
Registration and Access
To participate in most Platform activities and to apply for a Program, you will need to register for a personal account (“User Account”) by undergoing a two-step verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to your phone number simultaneously and/or by providing an email address and a password that is unique.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity.
You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Platform and your access, usage and enrolment into a Program, to the extent applicable.
Delivery
Upon payment of the Program fees – in part or whole, depending on the Program – Panamind shall deliver the terms of use of the Program and grant you access to the Program. The invoice may be provided to you along with the email confirmation within 7 days. This shall be a proof of delivery against the successful payment of fees.
Refusal of Access
Owing to certain exceptional circumstances, if Panamind has granted you access to a Program pending payment, and Panamind does not receive payments within the stipulated time periods, Panamind may, at its own discretion, withdraw your access to the Program without giving any prior notice.
Your Obligations
You understand and acknowledge that access to the Programs is restricted to attendees or students who have specifically been granted access by Panamind. By registering your User Account, you agree that you will:
- never divulge or share access to your User Account with any third party for any reason;
- create, use and/or access only one User Account, and that you will not use any User Account other than your own;
- not set up multiple User Accounts; and
- abide by these Terms and any terms specific to the Program.
5. User Conduct Policy
Things you are responsible for
You acknowledge, understand, and consent to the following:
- By enrolling in a Program or simply browsing the Platform or Programs, once you have accessed the Platform or Programs, you shall be considered a ‘user’ for the purpose of these Terms.
- You are solely responsible for all your activities in connection with the use of the Platform and Programs.
- At all times, to fully comply with all applicable laws whether local, provincial, state, national and foreign.
- Report any suspicious or illegal activities such as “phishing”, “pharming” or “whaling” message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever.
- Report any data breaches.
- Notify Panamind immediately if you become aware of any other user cheating or breaching these Terms and comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Program into which such user is enrolled.
- You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services.
- You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform, and you shall be responsible for all charges incurred in connection with the use of the Platform and Program in connection with all such equipment and ancillary services.
Things you should not do
During your use of the Platform and Programs, you shall NOT:
- access data not intended for such user or logging onto a server or an account that the user is not authorised to access;
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
- attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
- send unsolicited emails, including promotions and/or advertising of products or services;
- forgo any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- abuse, harass, intimidate, threat or cause to be abused, harassed, intimidated or threatened, other users, students, attendees, support agents or visitors;
- create an atmosphere of disharmony, hostility within student groups;
- post online any secured testing materials;
- plagiarize or cause to plagiarize;
- cheat on any homework assignment or exams for the Program;
- share solutions to homework assignments or exams;
- share such User Account access or online live webinar/seminar access with any third party
- resort to any unethical practices while using the Platform; and
- post or transmit, or cause to be posted or transmitted any communication or solicitation or other “phishing”, “pharming” or “whaling” message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever.
No Liability of Panamind
In the event of the occurrence of any suspicious or illegal activities, including but not limited to the ones mentioned above, you acknowledge and accept thatPanamind shall not be liable for any loss of data or if the user’s device, computer, or any other property is compromised in any manner.Panamind has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you.
Security
You are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of Panamind. Violations of system or network security may result in civil or criminal liability. Panamind will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Panamind on the Platform and other than generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).
6. User Content
The Platform may allow you to upload forum posts, chat with other users and Panamind’s counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (collectively “User Content”). Panamind does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to Panamind above, the user will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to Panamind, you hereby grant Panamind an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Panamind reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that:
- you have all necessary rights, licenses and/or clearances to provide such User Content and permit Panamind to use such User Content as provided above,
- such User Content is accurate and reasonably complete,
- as between you and Panamind, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and
- such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
Panamind does not control the user content posted through the platform, including any messages, reviews, or comments, and does not guarantee the accuracy, integrity or quality of such user content. Under no circumstances will Panamind be liable in any way for any user content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any user content. You are responsible for complying with all the laws applicable to the user content.
You are prohibited from posting the following User Content on the Platform:
- that is fraudulent, indecent, or libellous, or defames, harasses, discriminates against, harms or threatens others;
- that discusses illegal activities, with the intent to commit them;
- that infringes intellectual property rights of third parties;
- that you do not have the right to disclose;
- that are profane, pornographic, obscene, indecent or unlawful Content;
- that are in the nature of advertising or any form of commercial solicitation;
- that are related to partisan political activities;
- that contains intentionally inaccurate information or that is posted with the intent of misleading others;
- that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts);
- that violates the rights of other users of the Platform; or
- that violates any applicable laws.
7. Your Data
In addition to the registration process, as part of your use of the Platform or participation in the Programs, we may obtain certain information about you and your performance in the Programs. Some of this information may be Personally Identifiable Information.
We may use, maintain and store this information to provide certain services to you now and in the future, and may share such information with our Program providers, Educational Partners or third parties in conjunction with such services or for the purpose of marketing. For example, as further detailed in our Privacy Policy , we may share certain materials or information about you with third parties, including your grades/scores in our classes. Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from us or any third party for the above-mentioned purposes till 365 days of your registration with us.
Please refer to our Privacy Policy for further details.
8. Payment Terms, Refund & Cancellation Policy
Payment Terms
Unless otherwise expressly agreed in writing by Panamind, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such trial window shall be made available only after the full payment.
Failure to pay the applicable Program fee may result in withdrawal of your access to a Program. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Panamind does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.
Payment Gateway
To make payment for any Program or to purchase any services or products offered by Panamind through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”).
Panamind does not store any of your credit card information or such other information required for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider.
You agree that in case Panamind’s third-party payment provider stores any such information, Panamind will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Panamind is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.
Refund & Cancellation Terms
The enrolment into a Program is non-transferable. It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected within seven (07) days of such enrolment. If the user fails to do so, the user cannot request for a refund and Panamind shall not be liable or responsible in any manner whatsoever to refund.
During the trial window, upon a request by the user, and to the satisfaction of Panamind, Panamind may choose to refund the Program Fees paid, subject to deduction of such applicable charges as may be decided by Panamind from time to time. Once the trial window is closed, there will be no refund allowed for any reason whatsoever. Once again, upon request from the user or otherwise, you understand and agree that Panamind may choose initiate refund at its sole discretion.
You may cancel your enrolment at any time. Irrespective of Panamind’s refund and cancellation policy, each Program has specific refund terms which shall be applicable in case of refund on account of such cancellation requests, and you agree to be subjected to the same. In case of any discrepancy between Panamind’s refund and cancellation policy and the Program’s refund and cancellation terms, the terms of the Program shall prevail.
Free Trial
If you have subscribed for a free trial, the free trial period will last for the period of time specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address, contact number or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, you may be ineligible for certain features of a product or service during your free trial period.
9. Educational Partners and Accreditation
Panamind is NOT a university, but an education service provider, offering Programs in consultation with universities, educational institutions, governmental authorities, NGOs, corporates, etc. (each an “Educational Partner”).
No Admission
Admission to the degree/diploma programs of an Educational Partner is separate from being accepted into and/or taking one or more Programs. You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program (a) enrols or registers you in an Educational Partner, or any other school, division, institute or program of or associated with an Educational Partner, and (b) allows you to access or use the resources or receive any benefits or privileges of any Educational Partner, beyond the Programs.
Certification and Credits
Panamind may offer a credential or other acknowledgment for participants who have satisfactorily demonstrated mastery of the Program material. The decision to award any such credential acknowledgement to a given participant will be solely at the discretion of Panamind.
Panamind may choose not to offer any credential or other acknowledgement for some Programs. Panamind may decide at its sole discretion whether to provide a record concerning a participant’s performance in a Program. The format of any credential or other acknowledgement, and of any performance, provided by Panamind relating to Programs will be determined by Panamind at its sole discretion and may vary from Program to Program.
You will be awarded a certificate of successful completion of a Program (“Program Certificate”) only upon fulfilling the criteria and requirements of Panamind and its Educational Partners. You acknowledge that any such Program Certificate awarded may not be affiliated to any Educational Partner and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner.
Academic Credit
You will not receive academic credit from Panamind or any other Educational Partner for taking a Program. If you are taking a Program for academic credit or certification as a student of, or otherwise through, an Educational Partner, any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, Panamind will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for a Program.
You acknowledge and agree that any Program affiliated with an Educational Partner may be subject to the terms, policies and procedures of the applicable Educational Partner in addition to Panamind’s Terms. Without limiting the foregoing, if you are registered or enrolled at, or are otherwise attending, an Educational Partner and are taking a Program for credit or certification through that Educational Partner, you acknowledge and agree that:
- the Educational Partner may have its own terms, policies (including but not limited to refund and cancellation policies, as mentioned above) or procedures regarding your eligibility to participate in the Program, your participation in the Program, the requirements or prerequisites for receiving credit or certification for the Program, and/or your educational or student records as they may relate to your participation and performance in the Program, and
- your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not Panamind.
10. Panamind’s Intellectual Property Rights
The Platform, Programs and related services are owned and operated by Panamind and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “Panamind Content”), are the property of Panamind and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under applicable laws.
All software used on the Platform is the property of Panamind and is protected by international copyright laws. Panamind logos, trademarks and service marks that may appear on the Platform and in the Program (“Panamind Marks”) are the property of Panamind and are protected under applicable laws. All other trademarks, service marks and logos used on the Platforms or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Panamind.
As a condition of accessing the Platforms and/or using the Programs, you agree not to:
- reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Panamind Content or any portion of it thereof, other than as expressly allowed under these Terms; and
- use the Panamind Marks or the name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.
11. Third-Party Intellectual Property
Panamind respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.
Panamind shall not be held liable for the unauthorised use of any third-party IP, and the user that carries out such unauthorised use or infringes any IP available on the platform shall fully indemnify and hold Panamind harmless against any and all claims that may arise as a result of such use.
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the product, copyright or other intellectual property interest;
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
- a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Platform/Program;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
- a statement by you, made under the penalty of perjury, that the aforementioned information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorised to act on such owner’s behalf.
- For notices of disputes or claims of copyright or other intellectual property infringement, please connect with us at the address provided at the bottom of this page.
12. Disclaimer
Except for the limited warranties in these terms and to the maximum extent permitted under law, Panamind (on its own behalf and on behalf of its subsidiaries, affiliates, educational partners, and licensors):
- Do not make, and expressly disclaim, any and all representations and warranties with respect to the platform and/or programs (express, implied, statutory, or otherwise), including the implied warranties of merchantability, fitness for a particular purpose (even if Panamind knows or should have known such purpose), performance, and non-infringement.
- provide the platform and programs “as is” and “as available”; and
- Without limiting the foregoing clauses (a) and (b), make no (and expressly disclaim) any warranty that the platform and any use thereof, will be uninterrupted, accurate, reliable, compatible with any particular environment, or free from defects, virus, or errors (or that any errors will be corrected).
13. Limitation of liability
Except for the limited warranties in these terms and to the maximum extent permitted under law, Panamind (on its own behalf and on behalf of its subsidiaries, affiliates, educational partners, and licensors):
Do not make, and expressly disclaim, any and all representations and warranties with respect to the platform and/or programs (express, implied, statutory, or otherwise), including the implied warranties of merchantability, fitness for a particular purpose (even if Panamind knows or should have known such purpose), performance, and non-infringement;
Provide the platform and programs “as is” and “as available”; and
Without limiting the foregoing clauses (a) and (b), make no (and expressly disclaim) any warranty that the platform and any use thereof, will be uninterrupted, accurate, reliable, compatible with any particular environment, or free from defects, virus, or errors (or that any errors will be corrected).
14. Site Linking
The Platform may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain Content or offer products and/or services for sale. Panamind does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
- we have no responsibility for the accuracy or availability of information provided by Linked Sites;
- we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites; and
- you agree to the terms and conditions of the Linked Sites.
We may remove any Linked Sites from the Platform at any time with or without reason.
Panamind will not be liable for any transactions conducted by you with third parties through the linked sites or for any liability arising from the representations or information provided on such linked sites.
15. Indemnity
You agree to indemnify and hold Panamind parties harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of the platforms or programs in violation of the terms; (b) your violation of any law or rights of any third party; or (c) information or content that you or others post or otherwise make available on the platform or through any program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
16. Termination
You agree that Panamind, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if Panamind believes that you have:
- breached the Terms;
- infringed the intellectual property rights of a third party;
- posted, uploaded or transmitted unauthorised content on the Platform; or
- violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct.
You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that Panamind shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that Panamind may retain and store your information on Panamind’s systems notwithstanding any termination of your account or enrolment into the Programs.
17. Miscellaneous Provisions
User Legal Capacity:
By accepting the Terms through your use of the Platform, you certify that you are 18 years of age or older. If you are under the age of 18 or under the legal age in your jurisdiction to enter into a binding contract, you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that you are fully responsible for his/her use of the Platform, including all financial charges and legal liability that he/she may incur. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. The Programs are not for the use of individuals under the age of 18 years.
Assignment
Panamind may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of Panamind.
Severability
If any provision of the Terms or any Program-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions.
Force Majeure
Panamind shall have no liability under these terms or any program-specific terms shared with you, to the extent arising from any failure of Panamind to perform any of its obligations under these terms or any program-specific terms shared with you, due to any fire, flood, earthquakes, other acts of god, war, civil unrest, terrorism, epidemic, pandemic, internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within Panamind ‘s reasonable control. Panamind shall not be responsible for damage or other problems caused by any unauthorised change to these terms made by way of hacking or cracking this page.
Waiver and Forbearance
The failure of Panamind to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with you, shall not constitute a waiver of such right or provision. Panamind shall not be prejudiced or restricted by any indulgence or forbearance extended to you, and any waiver in respect of any breach shall not operate as a waiver in respect of any subsequent breach.
Entire Agreement
These Terms or any Program-specific terms shared with you constitute the entire agreement between you and Panamind relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Platforms by Panamind or through a specific writing between you and Panamind.
Governing Law and Jurisdiction
These Terms shall be governed by, construed and enforced in accordance with the laws in Dubai International Financial Centre. Any dispute arising out of, related to or pertaining to any service or subject contemplated in this Agreement shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the Emirate of Dubai, UAE. The language to be used in the arbitration shall be English.
You expressly waive the right to bring or initiate, directly or indirectly, any class action suit against Panamind and/or Panamind parties for any claims that you may have against Panamind and/or Panamind parties.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Platform and/or Programs after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
Contact Us
If you have any concerns or queries, please reach out to us. We shall undertake all reasonable efforts to address your concerns or queries at the earliest possible opportunity. You may contact us at:
Email: info@panamind.com
Any notice or communication that may be required to be given to Panamind under these Terms or any Program-specific terms shared with you may be sent by writing or emailing to the following address:
Adroit Innovance Pte. Ltd., 80, Robinson Road, #02-00 Singapore 068898
- Introduction
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- Miscellaneous Provisions