Terms & Conditions

Terms and Conditions

Introduction

This is a legal agreement between you, the person accessing, viewing, or using the web application available at mentient.com (“Website”) (referred to as “you”, “your” or “User” as applicable) and Jempitona Pty Ltd (“Mentient”, “us”, “our” or “we”).

This document (“Terms”) sets forth the legally binding terms and conditions for your use of the Website and any other platforms that may be made available to you in the future including, but not limited to, mobile applications and electronic devices in connection with our Services (defined below). These Terms govern the use of this Website and our Services by all Users, irrespective of whether such User is a subscriber of free or paid Services. Therefore, please read these terms carefully before using this Website and availing Services offered by us.

By subscribing to any of our Services and/or using or accessing this Website in any manner, you consent to be bound by all of the terms contained herein and on the Website, which also incorporates the privacy policy available at Privacy Policy and all other operational rules and policies that may be published from time to time by us, each of which is incorporated by reference in these Terms and each of which may be updated by us from time to time. In addition, some Services may be subject to additional terms and conditions communicated by us to you from time to time, and your use of such Services is subject to such additional terms and conditions, which are incorporated into these Terms by reference.

Subscription of Services

Mentient is a platform that enables the dissemination of educational content to Users through different media including but not limited to audio, visual, textual, or physical means, whether live or pre-recorded, specific details of which are more fully described in the sales brochures made available to you under the web page for each specific course on our Website (“Services”). Services shall also include any incidental or ancillary Services provided by Mentient through this Website, or through any online or offline platform that may be opted by Mentient in its sole discretion for the transmission of its Services in the future, including but not limited to mobile applications or electronic devices. These Services are provided to you subject to these Terms and may be utilized by you, solely for your own use, and not for the use or benefit of any third party.

Mentient offers an array of Services for our Users to choose from. Services may be of the following types:

On-demand courses with pre-recorded classes along with specific live components that Users can subscribe to and enrol in at any time and access on-demand;
Cohort or team-based courses that include a number of prepaid “seats” that can be allocated and administered by a nominated user;
Application-based cohort courses where Users attend live sessions with their cohorts. To subscribe to these live courses, Users must submit an application through the specific web page of the course of their choice on the Website and wait to be contacted by our sales team who will allocate you into our earliest cohort.

We reserve the right to modify our Services and the format in which they are offered at any time and in our sole discretion subject to applicable laws.

Your subscription to our Services is contingent on the following terms and conditions:

Subscription to any Service will allow you access only to the content and sessions available under such Service. We may, in our sole discretion, decide to add certain additional and optional content or sessions, free of charge or for a fee, from time to time, but this will not be a matter of right of the User;
Subscription to any Service will be valid for a period of 1 (one) year from the date of subscription. We reserve the right to delete or restrict your access to the Service at any point in time post the expiry of this period;
In our endeavour to continuously improve our offering of Services, we may offer different packages of Services with different prices to members of the same cohort at our sole discretion.

Registration of User

To access and use the Services, you are required to register for free with Mentient through our Website by providing your name, email address, phone number, password, and other details that may be required to be furnished by you from time to time. You hereby represent, warrant, and covenant that the information provided by you is true, accurate, complete, and not misleading. Registration is a one-time process and if you have been previously registered, you shall log in/sign into your account using the same credentials as provided by you during the registration process.

You shall:

Not provide any false personal information to us or create any account for anyone other than yourself without such person’s permission;
Not use a username that is the name of another person, with the intent to impersonate that person;
Not use a username that is a name that is otherwise offensive, vulgar, obscene, or otherwise unlawful;
Not divulge or share your access details with any third party for any reason whatsoever;
Not share your credentials with a third party with a commercial intent;
Not use your credentials with the intention of intruding into our servers or causing any interference or damage to our operations.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract. If you are not of legal age, you may only access, use and register on this Website with the consent of and under the supervision of a parent or legal guardian. Please note that if a User is younger than the legal age to form a binding contract, we assume that the parent or guardian of such minor has read and understood these Terms and is supervising the minor’s usage of the Website and associated Services. Mentient reserves the right to terminate your registration and subscription if it is brought to our notice that you do not satisfy the legal age requirement and your usage of our Website or usage of Services was not with the consent of a parent/guardian as stipulated herein.

You are solely responsible and liable for any activity that occurs on or through your account and you shall be responsible for maintaining the confidentiality of your password. You agree not to provide any other person with access to your account. You shall immediately notify us in writing of any unauthorized use of your account, or other account-related security breaches of which you are aware.

Pricing and Payment

You agree to pay all fees and applicable charges for Services you purchase from us. All fees and applicable charges are payable in full and in advance and will be valid until the completion of the period of your selected Service or until cancelled or terminated in accordance with these Terms. We reserve the right to delete or suspend your access to Services for incomplete payment of fees and applicable charges.

Please note that we use third-party payment gateways or aggregators (“Third Party Payment Service Providers”) for the purpose of the collection of fees and applicable charges. Please note that such Third Party Payment Service Providers are independent service providers and not an agent or employee of Mentient and are independent of and not connected to Mentient in any manner whatsoever. In the event that you are re-directed to any external website or application of such Third Party Payment Service Providers, we disclaim all liability regarding (a) the privacy of your information shared on such websites or applications; (b) security and protection measures for the information and data shared and technology employed on such websites or applications, and (c) any and all interaction, correspondence, and transactions that may occur between you and such Third Party Payment Service Providers. We strongly advise you to read and understand the terms and conditions, privacy policy, and any other policies that may be applicable and available on their platform before using their services and sharing any information with them.

Refund Policy

You acknowledge that the Services purchased by you are non-transferable and non-refundable unless specifically specified on the course sales page. Except where required by local law, You acknowledge that we are under no obligation to refund any fees and applicable charges paid by you, in full or partially, under any circumstances, including for modifying and extending the duration of the Service, change in the commencement date of the Service, your failure to attend or participate in the Service, modification of the structure or content of the Service.

If a refund is provided, you hereby agree and acknowledge that such an amount to be refunded may either be paid in cash or credit (for purchase of any other Services of Mentient of equivalent value) at the sole discretion of Mentient.

Intellectual Property Rights

All content created and provided by us through the Website and our Services (“Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, as applicable.

Copyright in Content on the Website and Services, including but not limited to all Content, software, design, text, sound recordings, and images, are our exclusive property or licensed to us, except as otherwise expressly stated. All trademarks, service marks, trade names, trade dress, and other forms of intellectual property used on the Website and in connection with the Services are either proprietary to us or have been licensed to us. Nothing in these Terms shall be deemed to grant to the User, either directly or indirectly, any license or other right under any copyright or other intellectual property owned by or licensed to Mentient.

You must:

Not copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content or part thereof from the Website or Services;
Not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store, or otherwise use the Website or Services in any manner inconsistent with these Terms;
Not delete, alter, or modify any Content of the Website or the Services in any way, including but not limited to copyright or trademark symbols, logos, that you do not own or have express permission to modify;
Not reverse engineer, disassemble, or decompile any of the software and/or technological components of our Website or Services in whole or in part.

Subject to these Terms, we grant each User a limited, non-exclusive, non-sublicensable, and non-transferable license to the use of this Content solely for their own personal, non-commercial use. Use or storage of any such Content for purposes other than personal, non-commercial use is expressly prohibited unless expressly permitted by us in writing. All Content provided by us is to be used by you only in the capacity of an end user of the Services and such Content is made available without any representations or warranties whatsoever and we hereby disclaim any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, or non-infringement.

Please note that the Website may include content, whether publicly posted or privately transmitted, which is created and provided by other Users or third parties. However, we cannot and do not guarantee the authenticity of any such content. You acknowledge that all content accessed by you in connection with the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you resulting therefrom. If you submit content to the Website, you hereby grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable license to use, reproduce, and distribute such content on our Website.

User Conduct and Guidelines

Users are expected to maintain a reasonable standard of decorum, decency, and integrity while using the Website and Services.

You acknowledge and agree:

To be respectful, professional, and inclusive in all your interactions and communications and usage of the Website and Services and any other platform on which Mentient may organize a group discussion;
To ensure that any communication made by you on this Website or on any present or future platform of Mentient in connection with our Services shall not be harmful, harassing, blasphemous, defamatory, pornographic, libellous, invasive of another’s privacy, hateful, disparaging, relating to or encouraging of money laundering or gambling, illegal, obscene, defamatory, injurious to third parties, racially or ethnically objectionable, politically, religiously, or sexually objectionable;
Not to communicate or behave in a manner that is harmful to minors in any way;
Not to reproduce or distribute, for commercial gain or otherwise, through any medium, any part of the Services offered to you unless with our express written consent;
Not to tamper, alter or modify any part of the technology of the Website and Services over which you are given access;
Not to make false or malicious statements against the Services offered by us;
Not to use the Website or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into our Website or Services or any of our operating systems;
Not to engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and “griefing” as those terms are commonly understood and used on the internet;
Not to use the Website or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
Not to release any software virus or use any computer code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer resource of Mentient;
Not to carry out reverse engineering in respect of the hardware or software underlying the Website or Services or any part thereof;
To comply with any applicable law and regulation relating to downloading and or using the Content and or technology in connection with the Website or Services;
Not to share any information pertaining to a third party to which the User does not have any right to share;
Not to infringe any patent, trademark, copyright, or other proprietary rights of any third party;
Not to deceive or mislead an addressee about the origin of such messages or communication that is grossly offensive or menacing in nature;
Not to impersonate another person;
Not to share any information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person; and
Not to behave or communicate in a manner that threatens the unity, integrity, defence, security or sovereignty of Australia, its friendly relation with states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

Personal Information and Data Security

Please refer to our Privacy Policy available at Privacy Policy to understand how we collect, use, share, and protect your data and personal information.

Third-Party Apps

Your use of the Website and Services may lead you to links of other websites or applications on the internet. When you access third-party websites, you do so at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or applications. The inclusion of any such link does not imply our endorsement of such websites or applications or association with its operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods, or services available on or through any such website or application.

Indemnity

You agree to defend, indemnify, and hold harmless Mentient, its affiliates, officers, directors, employees, and agents for all losses, costs, actions, claims, damages, expenses (including legal costs) or liabilities, that arise from or relate to (a) your use or misuse of the Website or Services or Content; (b) violation of any of the terms of these Terms; (c) your infringement of any of our intellectual property rights or third party’s intellectual property; (d) the use of our Services and any connected interaction with Third Party Payment Service Providers. Mentient shall not be liable to you for any claims arising out of any act or omission on the part of Third Party Payment Service Providers in connection with the processing of fees and applicable charges. Mentient expressly disclaims any responsibility and liability for any and all services provided by the Third Party Service Providers.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.

Limitation of Liability

All liability of Mentient, its directors, officers, employees, and agents is expressly excluded to the fullest extent permissible under law for any direct, indirect, incidental, special, punitive, and consequential losses or damages howsoever arising from:

Your use of our Website and Services and Content;
Your use of content provided by other Users;
Your use of content provided by third parties;
Any unauthorized access or use of our secure servers.

We shall not be liable or responsible for:

Interruption or cessation of use of our Website or Services or performance of any of our other obligations under these Terms due to any act or event beyond our reasonable control, including force majeure;
Our inability to meet your individual requirements from the Website or Services as it is your responsibility to ensure whether the Website or Services are adequate to meet your own individual expectations prior to registering or subscribing on our Website and for our Services respectively.

Nothing contained herein shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

Without prejudice to the foregoing, none of the directors, officers, employees, and agents of Mentient shall be personally liable for any action in connection with the Website or Services.

Termination of Services / Deletion of Account

We reserve the right to terminate your account and access to all or any part of the Website or Services at any time, effective immediately, for violation of any of the terms of these Terms. If you wish to terminate your account, you may do so by following the instructions on the Website. However, any fees or applicable charges already paid will remain non-refundable even in the event of a termination of the account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnity, and limitations of liability. We reserve the right to promptly terminate or suspend your account or remove or disable your access to any information that is unlawful.

Modification of Terms of Use

We reserve the right, at our sole discretion, to modify or replace any of the terms of these Terms, or change, suspend or discontinue any of our Services at any time with due notice to you via the Website or by email. We may also impose limits on certain features and restrict your access to certain parts of the Website without notice or liability. You acknowledge that it is your responsibility to check these Terms for updates periodically. Your continued use of the Website and Services following the posting of any changes to these Terms will be deemed to constitute an acceptance of those changes.

Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. For the purposes of these Terms, you consent to the courts of Sydney, Australia having exclusive jurisdiction over any and all disputes that arise out of, or in relation to or connected with these Terms.

Miscellaneous

These Terms contain the entire agreement between you and us with respect to the subject matter hereof, and neither one of us shall have any obligation, express or implied by law, except as set forth herein.

Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or any other provisions.

In the event any provision contained herein is held to be invalid by a court of competent jurisdiction then the remaining portions of these Terms shall remain in full force and effect.

These Terms may be modified or amended, and any obligation waived at the sole discretion of Mentient.

Unless otherwise specified in these Terms, all notices under these Terms shall be in writing and will be deemed to have been duly given when received, personally delivered, or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Grievance Redressal and Grievance Officer

If you wish to raise a query or complaint with us, please contact our Grievance Officer (contact details set out below) who shall acknowledge your complaint within 24 (twenty-four) hours from the time of receipt of such complaint. Kindly note that once your complaint is received, we shall use our best efforts to redress it within a period of 15 (fifteen) days from the date of receipt of such complaint.