1. Introduction
Welcome to Magicminds.
These Terms and Conditions (“Terms”) govern your access to and use of www.magicmindsgroup.com, including its webpages, content, materials, features, forms, resources and other digital experiences made available through the website (collectively, the “Website”).
The Website is operated by MagicMind Technologies Ltd. and/or its subsidiaries, affiliates, associated entities and group companies (collectively referred to as “Magicminds,” “Magicminds Group,” “we,” “us,” or “our”).
By accessing, browsing or otherwise using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms.
If you do not agree with these Terms, please discontinue use of the Website.
2. About Magicminds
Magicminds is a global technology group providing technology, digital, consulting and related business solutions and services.
Information presented on this Website is intended to provide general information about Magicminds, our businesses, capabilities, solutions, services, insights, career opportunities and other activities.
Unless expressly stated otherwise, information on this Website does not constitute a binding offer, commitment or contractual obligation by Magicminds.
3. Eligibility and Acceptance
By using this Website, you represent that you have the legal capacity to agree to these Terms.
If you access or use the Website on behalf of a company, organization or other legal entity, you represent that you have authority to act on behalf of that entity where relevant. Certain Services, products, platforms or digital properties offered by Magicminds may be subject to separate terms, agreements, policies or contractual arrangements.
In the event of a conflict between these Website Terms and a separately executed agreement governing a particular product or service, the separately executed agreement will govern with respect to that product or service.
4. Permitted Use of the Website
You may use the Website for lawful, legitimate and informational purposes in accordance with these Terms. Subject to these Terms, Magicminds grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Website for its intended purposes.
No rights are granted except those expressly provided under these Terms.
5. Prohibited Use
You must not use the Website in any manner that is unlawful, fraudulent, harmful or inconsistent with these Terms. Without limitation, you must not:
violate any applicable law, regulation or third-party right;
use the Website for fraudulent, deceptive, defamatory, abusive or malicious purposes;
attempt to gain unauthorized access to the Website, servers, systems, networks, accounts or data;
interfere with, damage, disrupt or impair the operation or security of the Website;
introduce viruses, malware, ransomware, malicious code or other harmful technology;
attempt to bypass or circumvent security, authentication or access-control measures;
conduct unauthorized vulnerability testing, penetration testing, scanning or probing;
scrape, crawl, harvest or systematically extract Website content or data through automated means except where expressly permitted by Magicminds or applicable law;
use bots, scripts or automated systems in a manner that places an unreasonable burden on the Website;
impersonate Magicminds, its employees, another person or another organization;
misrepresent your identity, affiliation or authority;
remove or alter copyright, trademark or other proprietary notices;
reproduce, republish, distribute, sell, sublicense or commercially exploit Website content without authorization;
use Website content in a manner that infringes intellectual property or other rights;
attempt to reverse engineer Website technology except where such restriction is prohibited by law; or
assist another person in carrying out any prohibited activity.
Magicminds reserves the right to restrict or terminate access to the Website where we reasonably believe these Terms have been violated.
6. Intellectual Property Rights
Unless otherwise stated, the Website and its contents are owned by, licensed to or otherwise lawfully used by Magicminds. This includes, without limitation:
text;
graphics;
designs;
photographs;
illustrations;
icons;
logos;
trademarks;
trade names;
service marks;
videos;
animations;
audio;
software;
source and object code;
interfaces;
Website architecture;
databases;
reports;
white papers;
case studies;
research;
methodologies;
presentations;
downloadable materials; and
other proprietary content.
Such materials may be protected by copyright, trademark, patent, trade secret and other intellectual property laws. Nothing on this Website transfers ownership of any intellectual property to you.
Except where expressly permitted, you may not copy, modify, reproduce, distribute, publish, display, transmit, license, create derivative works from, sell or commercially exploit Website content without prior written authorization from Magicminds or the applicable rights holder.
7. Magicminds Names, Logos and Trademarks
The Magicminds name, Magicminds logos and associated product, service and business names, designs, marks and branding are proprietary assets of Magicminds or their respective owners.
Your access to this Website does not grant you any right or license to use such trademarks, branding or other identifiers. You may not use Magicminds' name, logos, trademarks or branding in a manner that suggests sponsorship, endorsement, affiliation or approval without our prior written authorization.
Third-party trademarks displayed on the Website remain the property of their respective owners.
8. Website Content and Information
We endeavor to keep Website information useful and current. However, technology, services, markets and business circumstances change over time.
Accordingly, we do not warrant that all information on the Website will at all times be:
complete;
accurate;
current;
error-free; or
suitable for a particular purpose.
Website content is provided primarily for general informational purposes. You should not make material business, financial, legal, investment, cybersecurity or other professional decisions solely in reliance on general Website content without obtaining advice appropriate to your circumstances.
9. Services, Proposals and Commercial Engagements
Descriptions of Magicminds' capabilities, solutions, products or services on the Website are general in nature. The specific scope, deliverables, timelines, pricing, service levels, warranties, responsibilities, intellectual property rights and other terms applicable to a commercial engagement will be governed by the relevant proposal, statement of work, order form, master services agreement, license agreement or other written contract entered into between the relevant parties. Nothing published on this Website, by itself, constitutes a binding commercial offer unless expressly identified as such by Magicminds.
Magicminds may modify, discontinue, enhance or replace any service, capability or offering described on the Website.
10. Enquiries and Information You Submit
The Website may allow you to submit enquiries, request consultations or demonstrations, register for events, apply for positions or otherwise communicate with Magicminds.
You agree that information you submit through the Website will, to the best of your knowledge:
be accurate;
not be misleading;
not violate applicable law;
not infringe another person's rights; and
not contain malicious code or unlawful material.
Submission of an enquiry does not create a contractual, fiduciary, advisory, partnership or other professional relationship between you and Magicminds.
A commercial relationship is established only through an appropriate agreement or other expressly accepted arrangement.
11. Confidential Information
General Website communication channels should not be used to transmit trade secrets, highly confidential business information, passwords, authentication credentials, financial account information, sensitive Personal Data or other information requiring specialized protection unless Magicminds has specifically requested such information through an appropriate secure channel.
Information submitted through general Website forms will not automatically be considered confidential solely because you designate it as confidential.
Where Magicminds and another party have entered into a confidentiality or non-disclosure agreement, confidential information exchanged pursuant to that relationship will be governed by the applicable agreement.
12. Privacy and Personal Data
Your use of the Website may involve the collection and processing of Personal Data.
Our handling of Personal Data is described in the Magicminds Privacy Policy, which should be read together with these Terms.
By using the Website, you acknowledge the privacy practices described in the applicable Privacy Policy.
13. Cookies and Similar Technologies
The Website may use cookies and similar technologies for essential functionality, security, analytics, performance, preferences and, where applicable, marketing purposes.
Additional information about these technologies and available choices is provided through our Privacy Policy, Cookie Policy and/or cookie preference mechanism, as applicable.
14. Third-Party Websites and Services
The Website may contain links to websites, applications, platforms, content or services operated by third parties.
These links may be provided for convenience or informational purposes.
Magicminds does not necessarily control, endorse, sponsor or assume responsibility for third-party websites, services, content, privacy practices, security or availability.
Your interactions with third-party websites and services are governed by the terms and policies of those third parties. You access third-party resources at your own discretion and risk.
15. Third-Party Products and References
References to third-party companies, technologies, products, platforms or services do not necessarily constitute an endorsement, partnership or recommendation by Magicminds.
Any third-party trademarks, names and intellectual property remain the property of their respective owners.
16. Artificial Intelligence and Automated Technologies
Magicminds may develop, integrate, demonstrate, discuss or use artificial intelligence, machine learning, generative AI, analytics, automation and related technologies. Certain Website features or materials may, where applicable, incorporate or be assisted by automated technologies.
Outputs generated or assisted by artificial intelligence or automated systems may contain inaccuracies, omissions or unexpected results and should be evaluated appropriately before being relied upon for material decisions.
Unless expressly agreed otherwise in writing, general Website demonstrations, AI-generated outputs and technology-related information are provided for informational purposes and do not constitute professional, legal, financial or other regulated advice.
Your use of any specific Magicminds AI-enabled product or service may be governed by separate contractual terms.
17. User-Submitted Content
Where the Website permits you to submit feedback, comments, suggestions or other content, you remain responsible for the material you submit.
You represent that you have the necessary rights and permissions to provide such material.
You must not submit material that:
infringes intellectual property rights;
violates privacy or confidentiality obligations;
is unlawful, fraudulent or defamatory;
contains malicious software;
contains prohibited or harmful content; or
otherwise violates these Terms.
Where you voluntarily provide general feedback or suggestions concerning our Website, products or Services, Magicminds may use that feedback to improve its operations, products and Services, subject to applicable law and any existing contractual obligations.
18. Careers and Employment Information
Job listings and career-related information published on the Website are provided for informational purposes and may be modified or withdrawn without notice.
Submission of an application does not guarantee an interview, employment offer or other employment relationship.
Employment decisions are subject to applicable recruitment processes, internal requirements and law. Personal Data submitted in connection with recruitment will be processed in accordance with applicable privacy requirements and relevant Magicminds privacy notices.
19. Security
Magicminds implements reasonable measures designed to protect its Website and technology environment. However, no website, internet transmission or information system can be guaranteed to be completely secure or continuously available.
You are responsible for maintaining appropriate security on your own devices, accounts, networks and internet connections when accessing the Website.
If you discover or reasonably suspect a security vulnerability affecting a Magicminds system, you should report it responsibly to Magicminds rather than exploiting, publicly disclosing or attempting to access information beyond what is necessary to demonstrate the issue.
20. Availability and Modification of the Website
We may modify, suspend, restrict, replace or discontinue all or part of the Website at any time.
We do not guarantee that:
the Website will always be available;
access will be uninterrupted;
all features will remain available;
defects will always be corrected immediately; or
the Website will be compatible with every device, browser or operating environment.
We may conduct maintenance, upgrades and other technical work that temporarily affects availability.
21. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the website and its content are provided on an ‘as is’ and ‘as available’ basis.
Magicminds disclaims warranties, representations and conditions, whether express, implied or statutory, relating to the Website, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, to the extent permitted by law.
We do not warrant that the Website will be uninterrupted, error-free, completely secure or free from harmful components.
Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
22. Limitation of Liability
To the maximum extent permitted by applicable law, magicminds and its group companies, directors, officers, employees, representatives and agents will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss or damages arising from or relating to your use of, or inability to use, the website.
This may include, where legally permissible, loss of profits, revenue, business opportunities, goodwill, anticipated savings or data.
Magicminds will not be responsible for losses caused by circumstances beyond its reasonable control, third-party systems or services, internet failures, unauthorized third-party activity or your failure to comply with these Terms.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
23. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Magicminds and relevant Magicminds Group entities, officers, directors, employees and representatives from third-party claims, liabilities, losses, damages and reasonable costs arising from:
your unlawful use of the Website;
your material violation of these Terms;
content unlawfully submitted by you; or
your infringement of another party's rights.
This provision does not apply to the extent prohibited by applicable law.
24. Compliance With Laws
You are responsible for using the Website in compliance with laws and regulations applicable to you. You may not use the Website or its content in violation of applicable export controls, sanctions, trade restrictions or other legal requirements.
25. Suspension and Termination
Magicminds may suspend, restrict or terminate your access to all or part of the Website where reasonably necessary, including where:
you violate these Terms;
your activity creates a security risk;
your use is unlawful;
your activity may harm Magicminds, its users or third parties; or
suspension is necessary to comply with legal or regulatory obligations.
Provisions which by their nature should survive termination will continue to apply, including provisions relating to intellectual property, disclaimers, limitations of liability and governing law.
26. Changes to These Terms
We may revise these Terms periodically to reflect changes to our Website, Services, business operations, legal requirements or practices.
The revised Terms will be published on this page with an updated “Last Updated” date. Where required by applicable law, we will provide additional notice of material changes.
Your continued use of the Website following the effective date of revised Terms constitutes acceptance of those Terms to the extent permitted by law.
27. No Waiver
If Magicminds does not immediately enforce a provision of these Terms, this does not constitute a waiver of that provision or our right to enforce it subsequently.
A waiver will be effective only where made in accordance with applicable law by an authorized representative of Magicminds.
28. Severability
If any provision of these Terms is determined by a court or competent authority to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, where legally permissible.
The remaining provisions will continue in full force and effect.
29. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Magicminds may assign or transfer its rights and obligations under these Terms in connection with a corporate reorganization, merger, acquisition, sale of business or assets, or other lawful business transaction, subject to applicable law.
30. Relationship of the Parties
Nothing in these Terms creates a partnership, joint venture, employment, agency, fiduciary or franchise relationship between you and Magicminds merely as a result of your use of the Website.
31. Entire Agreement
These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the agreement governing general use of this Website.
They do not replace or modify a separately executed commercial agreement between you or your organization and Magicminds.
32. Governing Law and Jurisdiction
These Terms and any dispute arising from or relating to the Website will be governed by the laws applicable to the Magicminds entity responsible for operating the Website, without regard to conflict-of-law principles, except where mandatory law requires otherwise.
For the principal Magicminds India website entity, these Terms shall be governed by the laws of India, and, subject to applicable law, the courts having competent jurisdiction in Kolkata, West Bengal, India shall have jurisdiction over disputes arising from these Terms.
Where a different Magicminds Group entity provides a specific Service under separate contractual terms, the governing law and dispute-resolution provisions of that agreement will apply to that Service.
Nothing in this section limits rights or remedies that cannot lawfully be excluded under applicable law.
33. Contact Us
If you have questions regarding these Terms and Conditions, please contact:
Magicminds / MagicMind Technologies Ltd.
Email: [email protected]Website: www.magicmindsgroup.com
India Office
MagicmindsEcostation Business Tower4th Floor, Sector V, Salt Lake CityKolkata – 700091West Bengal, India
United States Office
Magicminds100 S Murphy AveSTE 200 PMB4014Sunnyvale, CA 94086United States
Australia Office
Magicminds2nd Floor, 472 St Kilda RdMelbourne VIC 3004Australia
34. Acknowledgement
By accessing or using www.magicmindsgroup.com, you acknowledge that you have read and understood these Terms and Conditions and agree to comply with them.
Magicminds reserves all rights not expressly granted under these Terms.