SERVICES TERMS AND CONDITIONS
This Services Terms and Conditions cover the necessary agreement voluntarily entered into by and between The Tech Mantra, a duly registered Australian business in the State of Victoria (the “Company”) and the user of https://thetechmantra.com (the “Website User”, “Client “User”) availing any of the enumerated Services functioning as, but are not limited to: Google Cloud Partner and Bit Defender Partner.
The Tech Mantra is in agreement with the Client on a non-exclusive basis to provide the chosen Service(s) and the Client shall likewise purchase the chosen Service(s) on a non-exclusive basis from the Company. As a point of clarification, the Client has purchased membership or subscription, using the Company’s platform as its Google Cloud Partner and/or Bit Defender Partner wherein such Client may enjoy any or all of the following benefits:
a. Use Google’s data analytics, core infrastructure, and machine learning;
b. Secure delivery of services with speed and reliability on Google’s infrastructure;
c. Easily capture, process, manage, and visualize data with Google Cloud data analytics products;
d. Enjoy serverless access wherein User may grow from prototype to production without worrying about capacity, reliability, or performance;
e. Virtual machines running in Google’s data center;
f. Object storage that is secure durable, and scalable;
g. Command line tools and libraries for Google cloud;
h. Relationship database services for MySQL and PostgreSQL;
i. Managed environment for running containerized apps;
j. Data warehouse running on serverless infrastructure;
k. Content delivery network for delivery web and video;
l. Streaming analytics for stream and batch processing;
m. Custom and pre-trained models to detect emotion, text, and more;
n. Fully managed environment to run stateless containers;
o. Event-driven compute platform for cloud services and apps;
p. Platform for modernizing existing apps and building new ones;
q. Leverage machine learning, advance heuristics, anti-exploit, and other proprietary techniques to protect endpoints;
r. Multi-layered, next generation security solution which consistently provides best-in-class prevention, detection, and remediation against all kinds of threats;
s. Network-based security which stops attacks aimed to gain access with critical files by exploiting the vulnerabilities of your network;
t. Proactively fortify your security and risk analytics to reduce the attack surface; and
u. High quality performance according to independent industry tests.
Once a Client sign up for membership or subscription with the The Tech Mantra, the Client may choose from any of the following Specific Services:
a. System Audit. The Client may choose to have a complete business technology review by Google-certified expert and obtain advise on improving IT setup and configuration, including recommendations on your business technology strategy.
b. Google Workspace. Offers flexible solutions for every business wherein the Client will be able to do more with productivity and collaboration tools.
c. Google Workspace for Education. Transform how educators and students learn, work, and innovate together with free secure tools.
d. Chrome Enterprise. Provides the OS, browser, and devices your business needs to cloud-power your workforce. It empowers IT with the cloud-first, user-friendly business capabilities of Chrome OS, Chrome Browser, and Chrome devices.
e. Bit Defender Enterprise Security. Allows you to fortify your endpoint security with over 30 security modules, including low overhead Endpoint Detection and Response, risk analytics and endpoint hardening - full protection can be enjoyed with speed, accuracy, low administrative overhead and minimal performance impact.
On top of the foregoing above, The Tech Mantra offers Personalised Support to all our customers by providing phone, email, and chat support.
The Tech Mantra (“The Tech Mantra”, “we”, “us”, or “our”) manages and oversees the website https://thetechmantra.com (the “Website”) and related services referred to collectively as the “Services” as explained above. The subscription of our Services referred to as “Membership” or “Subscription” of a Client or sometimes referred in this Agreement as “you” or “your”, agree to this Service Terms and Conditions (the “Service Order Terms”).
Upon the Subscription of the Client, the Client thereupon makes an offer to purchase the Services offered by the Company. The Tech Mantra in its sole discretion, has the right either to accept or reject such Subscription application, it may likewise without liability to the Client cancel any individual Subscription or any requested Subscription if:
a. The Client violates its obligations under the Services Terms and Conditions;
b. The Client fails to pay its monetary obligations in terms of Subscription fees as a result of a Membership or Subscription;
c. The Client falsely or maliciously accuses The Tech Mantra of material breach of security leading to whatsoever damages on the part of the Client without due cause or without negligence on the part of the Company;
d. For any other reason determined by The Tech Mantra to be ill-motivated on its sole discretion, finding that it will be detrimental to fulfill or continue with such Subscription.
After the Client pays for his/her/its Subscription, The Tech Mantra will send an email confirmation of the Subscription (the “Subscription Confirmation”) which details the Services required and paid for by the Client.
The Client unequivocally agrees that these Services Terms and Conditions prevail over any terms or conditions contained in any other agreement, or other documentation which purports the same, and these Services Terms and Conditions expressly exclude any and all terms or variations that the Client may issue whether orally or in writing prior, during, or after the provision of such Services.
II. Submission to a Lawful Order and/or Unlawful Subscription
Throughout the Client’s Subscription, the Client thereby represent and warrant to The Tech Mantra the following:
a. All activities performed by the Client as a result of the Subscription Services are in compliance with the laws in the State of Victoria, Australia and none of which is a violation of any copyright laws, intellectual property laws and other applicable laws;
b. The availed Subscription Services is not in furtherance of any illegal activities or machinations on the part of the Client;
c. The Client’s Subscription is premised on his/her/its lawful needs whether for business or for personal purposes and is not designed to progress any unlawful activity as sanctioned by the law; and
d. The Client acknowledges to keep the Company free from liability should it chooses to terminate the Subscription in compliance of a lawful order by any competent court, administrative body, or any government instrumentality.
The Client likewise agree and voluntarily acknowledge that given the volume of its operation, The Tech Mantra may not fully inspect all the provided information and material within a paid Subscription. There may however instances in which The Tech Mantra may discover that the Subscription is used in furtherance of an unlawful activity pursuant to prevailing laws in the State of Victoria and/or in Australia. Should this transpire, The Tech Mantra will undertake all the necessary steps to comply with its own obligations under applicable law including but not limited to, complying with its mandate and reporting with the relevant authorities.
III. The Tech Mantra Cancellation Policy
As a general rule, The Tech Mantra does not provide its Clients with a refund should the Client later on decide to cancel his/her/its Subscription. A Subscription is complete once the Client has agreed to the terms and conditions and thereafter coursed through the corresponding payment proportionate to the subscribed Services.
The Tech Mantra on its sole discretion, may provide the Client with a refund provided the same is done within thirty (30) days upon completion. The reckoning period thereafter starts from the time The Tech Mantra receives the Client’s Subscription application and payment. Whilst The Tech Mantra is under no obligation to refund Subscription Fees after the same is deemed complete, we sometime provide refund on compelling circumstances, subject to our sole determination and discretion. Should the Client believe that he/she/it is entitled for a refund, kindly contact us and advise us of your peculiar circumstance and whenever necessary, provide evidence or documentation in support thereof.
IV. Added-Safety Protection
The Tech Mantra cannot and does not in any way guarantee foolproof protection as there may be instances wherein lapses not attributable to the Company may occur which may engender the cyber security of the Client. The Client acknowledges to hold The Tech Mantra free from any liability as a result thereof.
Whilst not compulsory, The Tech Mantra recommends that the Client purchase the applicable insurance as an Added-Safety Protection from his/her/its insurer of choice, in order to mitigate any damages not attributable to the negligence of the Company. The Client acknowledges that the option to purchase the applicable insurance is merely optional and if chosen to be added by the Client, the transaction is solely between the Client and the chosen insurer and The Tech Mantra is not in any way connected with the said transaction or has any interests therein.
This Added-Safety Protection shall not in any way guarantee continued acceptance by The Tech Mantra of the Client’s Subscription nor shall the Company be liable for any proportionate share of the Client’s costs.
V. Risk of Injury and/or Damages
Risk of injury and/or damages may account for any injury and/or damages which the Client has sustained during the course of his/her/its Subscription with The Tech Mantra. The Client acknowledge and agrees to hold the Company free from any liability as a result of any security breach, Internet problems, and third-party attributable injury and/or damages among others, occurring out of whatever reason without negligence on the part of The Tech Mantra or any of its officers, employees, and agents.
The Tech Mantra has a sophisticated system of providing its Services at par with industry standards. The Company undertakes due diligence and necessary precautions in order to safeguard the data and system integrity of our Clients with commercially reasonable due care while the Client’s Subscription remains to be active. However, no system is ever perfect and the Client therefore acknowledge the security breaches may transpire without fault on the part of the Company whether directly or merely contributory. This possibility may happen through no fault or negligence on the part of The Tech Mantra and guarantees to hold the Company not responsible thereof.
The Client acknowledges that there is an associated risk of having one’s data stored, available, or managed with the use of any computer system, whether the same is web-based or not. By applying for a Subscription and paying the same, the Client unequivocally accepts all the associated risks.
If the Client believes that his/her/its data or systems integrity has been compromised, the Client guarantees to advise The Tech Mantra at the earliest opportune time from such occurrence. Only after such notification, can the Company conduct its own investigation and endeavor to remedy the situation where possible.
The Client agrees to be bound by the review and determination of The Tech Mantra. The Company makes no warranty and disclaims all potential liability regarding all aspects of our Services in guaranteeing a foolproof protection among our Clients as further outline below:
a. The Tech Mantra may determine at its sole discretion that it is not directly liable nor has any contributory negligence over the alleged security breach or systems compromise suffered by the Client;
b. That the Company may determine at its sole discretion whether or not it has any liability on the injury and/or damage alleged by the Client, provided that such determination is anchored upon a good faith belief of The Tech Mantra; or
c. That the damage and/or injury is a direct and logical result of the Client’s own security breach.
In addition, The Tech Mantra may also determine that it has an obligation to the Client and once such determination is made, a response to the Client’s concern will be endeavoured. Depending upon the surrounding circumstances, The Tech Mantra may choose to compensate the Client, provide a discounted Subscription Fee, or offer free Subscription over a period of time, at the sole discretion of the Company. Corollary to this, the Company may decline entirely to issue a refund, discount, compensation, or any other compensatory monies to the Client – a right solely vested to The Tech Mantra.
In all cases, the Client agree to accept the risk of using the Services of the Company and be bound by the assessment and determination of The Tech Mantra.
The Client agrees not to disparage, defame or libel The Tech Mantra and not to undertake any steps to cause reputation damage to the business of the Company in contravention of any state or federal laws which prevents tortious interference of a business enterprise.
VI. Online and/or Cloud Access
There may be situations wherein The Tech Mantra may utilise the services of a third-party provider in hosting a cloud environment online, in such a case, the Client hereby acknowledges that The Tech Mantra has no control over the online hosting environment and its security, authenticity, or its integrity, is not guaranteed or is otherwise foolproof. The Client further acknowledge and agree that The Tech Mantra has no responsibility nor control and shall bear no liability for anything that might occur as a result thereto.
The Client agree to hold The Tech Mantra harmless for any actions related to any security breach or systems compromise in relation to the cloud service, including but not limited to, any loss, destruction, corruption including any unavailability, lack of access or irretrievability that may be experienced by the Client as a result of any cloud Services.
VII. Disclaimer of Warranties
The Services offered by the Company are provided on an “as is” and “as available” basis without any warranties of any kind. The Tech Mantra together with its Directors, Employees, Officers, Agents, Contractors, and Representatives, unequivocally disclaim all warranties whether express or implied, including those warranties of title, merchantability, and non-infringement of third party’s rights, including the warranty for fitness serving a particular purpose.
All warranties are disclaim whether arising out of law, statute, and on the course of our dealings, trade usage, or any other fiduciary relationship. The Tech Mantra likewise make no warranties with regards to our accuracy, completeness, reliability, functionality, timeliness, speed, quality, or accessibility of any of the information supplied, making up the content of our Website.
Nor does The Tech Mantra warrant that the Website shall be operational at all times, secure, error-free, or virus free. Given that there are jurisdictions which does not permit the Company to disclaim warranties in the ways enumerated and described above, The Tech Mantra therefore disclaim any warranties in so far as are applicable to the full extent warranted by the applicable law in such jurisdiction.
VIII. Limitation of Liability
To the extent allowed and sanctioned by law, the Client hereby releases The Tech Mantra, together with its Directors, Officers, Employees, Contractors, Agents, and Representatives, from any and all associated liabilities arising out of the Client’s use of the Company’s Services.
The Client acknowledge that the Company shall in no event, together with its Directors, Employees, Officers, Agents, Contractors, and Representatives be liable for damages of any kind under any legal theory or under any equitable theory arising out of, or in connection with the Client’s Subscription of any of The Tech Mantra’s Services which includes any direct, indirect, incidental, special, punitive, or consequential damages including but not limited to personal injury, pain and suffering, clinical assessment outcomes, loss of business opportunities, loss of anticipated savings, loss of data, loss of use, and whether caused by tort, breach of contract, even if the same is arguably foreseeable.
The above foregoing, does not affect any liability which cannot be excluded or limited under any applicable law and no cause of action regardless of form or of substance, arising out of, or in connection with the Website or the Services, may be brought by the Client after the lapse of one (1) year after such cause of action has accrued.
The Client undertake to indemnify, defend and hold harmless The Tech Mantra, our licensors, affiliates, including our Directors, Officers, Employees, Contractors, Representatives, and Agents, from any and against all claims, demands, liabilities, causes of action, costs, losses, or expenses, including but not limited to any reasonable attorney’s fees, and any other legal expenses arising out of, or in connection with, caused by or resulting from:
a. Your placement of your Subscription request, payment of the corresponding Subscription fees, and communication with The Tech Mantra;
b. Any activity related to you accessing the Services including but not limited to negligent or wrongful conduct;
c. Any violation or circumvention of any of the provisions of this Services Terms and Conditions; or
d. The Client’s violation or circumvention of any third-party right, including but not limited to, any intellectual property right, publicity, confidentiality, property or privacy right.
These indemnification obligation apply to Client’s use of the Website together with any of its content or of the provided Services therein, other than those expressly authorised in these Services Terms and Conditions, and your use of any of the subscribed Services.
The Tech Mantra reserves the right, at the Client’s expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client as a result of his/her/its Subscription. In any event, the Client shall be bound to cooperate with The Tech Mantra in asserting any and all available defenses under the law and of equity. These indemnification obligations apply to the Client and the Subscription of our Services.
X. Force Majeure or Fortuitous Event
If any loss, damage, non-performance, or delay is a result of any natural disaster, acts of God, or any catastrophe such as war, invasion, other hostilities, including acts of terrorism, rebellion, invasion, or any materially disruptive military or political event, labor dispute, power failures or other disruptions on services and utilities relied upon by The Tech Mantra, including any other unforeseen and external occurrence for which the company is not responsible of, nor could the Company predict what is required for the performance of its obligations, The Tech Mantra shall not be held liable for any loss, delay, damage, or non-performance of services as a result thereof, to the full extent of which it can be excused under applicable laws.
The Client’s rights and obligations provided for under this Service Terms and Conditions cannot be assigned to any third party, whether voluntarily or as a result by sheer operation of law, without the prior written consent of The Tech Mantra.
Any assignment done by the Client or unapproved delegation by the said Client without the prior written consent of The Tech Mantra, is thereby null and void and is devoid of any legal force and effect.
XII. Governing Law
This Service Terms and Agreement shall be construed and governed at all times by the laws of the State of Victoria, Australia, applicable to agreements made and wholly performed within the state, without any regard to any conflict of laws provisions or the conflict of laws provisions in any other jurisdiction which will potentially cause the application of any applicable law, other than those in effect in the State of Victoria.
XIII. Arbitration and Choice of Forum
All disputes or claims arising out the Client’s Subscription or the use of the Company’s Services, shall be resolved through a binding arbitration prior to resorting to the regular courts of justice. The Client further agrees that both parties shall be responsible for their own costs and attorney’s fees whenever applicable, unless the claim is found to frivolous, in which case attorney’s fees may be pursued against the erring party.
In the conduct of arbitration, there is no judge or jury and therefore the review power of the court of an arbitral award is limited. It is however, within the power of the arbitrator to award the same damages and relief as a court on an individual basis may award, having in regard the peculiarity of the circumstances, and in applying this Services Terms and Conditions as any court would do.
Prior to instituting an arbitration proceeding, the Client must first send a letter requesting for arbitration, describing the claim to The Tech Mantra’s registered agent on the following details:
Attention: Jinish Kirti Thakkar
Address: The Tech Mantra
PO Box 479 Officer
VIC 3809, Australia
The arbitration is to be conducted by the Australian Mediation Association (AMA) under its rules and procedures for consumer-related disputes. The Client agree that all arbitration proceeding shall be conducted in Melbourne, Victoria whether through teleconferencing which is usually cheaper and more convenient for both parties, based solely on written submissions by both parties, or conducted face to face at the discretion of the Company.
XIV. Individual Disputes
The Client and The Tech Mantra knowingly and voluntarily agrees that any dispute resolution proceedings whether brought through arbitration or judicially, shall only be conducted on an individual basis and not in a class suit nor any other consolidated or representative action.
Both the Client and the Company expressly waive each of their own right(s) to bring claim(s) against the other as a class member in any of the purported class or representative action whether the same is a class-action lawsuit, class-wide arbitration, or private attorney-general action(s), or any other proceedings of a similar nature in a representative capacity over multiple parties.
XV. Merger of Conditions and Policies
No other representations except the individual price quoted on the Subscription Services whether oral or written shall form part of this Services Terms and Conditions.
In an event where a competent court or arbitral award association declares any part of this Services Terms and Conditions to be invalid, void, or is otherwise unenforceable, only such part will be severed and deemed unwritten into this Services Terms and Conditions.
The remaining parts not declared to be invalid, void, or unenforceable shall not be affected and shall continue to be in full force and effect. Any declared unenforceable part will merely be considered to have never been a part of this Services Terms and Conditions.