TERMS AND CONDITIONS
Please read these Terms and Conditions (“Terms”), this is the legal agreement that you, as a Registered User make with 360-Transformations (Leading With Pride) when you use this Platform. This Platform is owned and operated by 360-Transformations which is the owner of the Leading With Pride Program and operates in India in collaboration with Working With Pride and Queertainment Inc. In order to make the Leading With Pride experience a safe and professional experience, we need to ensure that the usage of this Platform is legally sound and so we have used standard legal language. If any part of this agreement is not clear to you, please reach out to us at email@example.com.
In this document, 360-Transformations and Leading With Pride will be hereinafter referred to as “360-Transformations”, “Company”, “We” or similar. You, as the “Registered User” making the agreement will be hereinafter referred to as “You” or “Yours” or similar.
The Terms have been drafted in compliance with the
(i) the Indian Contract Act, 1872,
(ii) the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under and any amendments to the same, including the
(iii) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), (iv) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”) and the
(v) Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021.
The Terms shall govern use of and access to leadingwithpride.com (the “Website”) and the application accessible through desktops, mobile phones, smart phones, tablets, plugins and API (“the Application”). The Company is the owner of the Website and Application collectively referred to as the “Platform”. This Platform offers a transformational leadership development program for LGBTQ+ early career professionals, and other minorities, that leverages individual and organizational psychology methodologies and principles (“Program”). The Platform also uses inputs from an advisory panel of diverse positive change experts thereby helping Registered Users use their life story to find their personal inner strengths, motivation and inspiration. The Platform offers various Services (defined below) as the Company may include from time to time.
You agree that by clicking “Apply”, “Login”, “Sign Up” or similar, registering, accessing or using our Services (described below), you are agreeing to enter into a legally binding contract with the Company (even if you are using our Services on behalf of a company). If you do not agree to these Terms, do not click “Login/Apply” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by contacting us at firstname.lastname@example.org to close your account and by no longer accessing or using our Services.
We reserve the right to block Your access to the Platform or suspend or terminate your registration on the Platform, if it is brought to our notice or if it is discovered that You are incompetent to contract or have violated any provision in these Terms or violated applicable laws in relation to Your use of the Platform. We reserve this right to preserve the integrity of the Program and the user experience.
B. REGISTERED USER AND VISITORS:
You become a Registered User by creating an Account on the Platform . If you choose not to register for our Services, you may access certain features as a “Visitor”.
C. UPDATES / MODIFICATIONS TO THE TERMS
- Kindly review these Terms periodically. The Terms may be updated / modified at any time, for any reason, at the sole discretion of the Company. Such updates / modifications will become effective immediately upon its posting on the Platform. The date of the Terms will accordingly be amended on the Platform and you will also be informed of the updates / modifications by way of an email or notification upon logging in / signing in to the Platform.
- Your continued use of the Platform following the posting of the updates / modifications to the Terms will be deemed to be your acceptance of the revised terms.
As used in these Terms, the following terms shall have the meaning set forth below:
(i) Confidential Information shall mean all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to Registered User Information, all types of data, information, ideas, literary/artistic content in the Program, specifications, procedures, source code, software architecture, software design, product designs, personal information, business plans, projections, marketing data and other similar information of the Company, documentation, the existence and contents of this Agreement, whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, customer and prospect lists, trade secrets, or intellectual property rights such as trade names, trademarks, copyright, patents, designs, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement owned by the Company.
(ii) Services means the services being offered to Registered Users by the Platform by providing a transformational leadership development program with various features delivered virtually and also in person.
(iii) Registered User shall mean a Visitor who is competent to contract under applicable laws and who signs up and registers as a user on the Platform for using the Services.
(iv) Registered User Information means information regarding Registered Users which includes personal information such as name, age, gender, address, date of birth, email address, mobile number, occupation, level of education (Personal Information) and information pertaining to your finances such as Bank account or credit card or debit card or other payment instrument details, physical, physiological and mental health condition, sexual orientation (Sensitive Personal Information), name, email addresses and phone number of the assessor nominated by the Registered User, User Content, and any other information which may be provided by a Registered User through using or which may be collected by the Platform when the Registered User uses the Services.
(v) Visitor refers to any individual who browses the Platform, but has not yet registered.
(vi) All other capitalized terms shall have the meaning ascribed to them in the Other Terms.
E. REGISTRATION AS A REGISTERED USER
(i) Eligibility to become a Registered User:
If you wish to avail the Services available on the Platform then you shall need to register. In order to be able to register yourself as a Registered User on the Platform provided by us and to use the Services, You represent and warrant that: (a) You are competent to contract basis you age i.e. eighteen (18) years or above. If you are below eighteen (18) years then you shall not register as a user and shall not use any Services available on the Platform, unless you are accessing the Platform through the account of your parents/legal guardian and under parental guidance or guidance of a legal guardian and (b) You are competent to contract and eligible to enter into contracts as per law. We reserve the right to terminate your membership and refuse to provide you with access to the Platform and the Services if it is brought to our notice or if it is discovered that you are not competent to contract because of your age or other considerations and are accessing the Platform without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Platform without appropriate parental consent.
(ii) Creating an Account:
In order to access and use the features available on the Website and/or Application offered by the Company and for availing Services offered on the Website and/or Application you will need to accept the Terms and “Apply” to create an account (“Account”) and represent, warrant and covenant that you will (a) provide accurate and complete registration information (including, but not limited to a preferred user name (“Username”), date of birth, e-mail address, (b) use a strong password which you will use to access the Platform and to keep it confidential, (c) you will keep your registration information accurate and up-to-date and (d) all the information provided at the time of registration is correct, verified and true all. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You shall not (i) create any Account for anyone other than yourself without such person’s prior written permission;
(ii) use a Username that is the name of another person or entity with the intent to impersonate that person or entity;
(iii) use a Username or Account that is subject to any rights of a person other than you without appropriate written authorization; or (iv) use a Username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Further, you are responsible for all activities that occur under your account. You agree to use caution while sharing/disclosing your personal or personally identifiable information. You agree that you shall be solely responsible for all your interactions within the Platform. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
(iii) Information of Assessor:
You agree and acknowledge that any information provided by You regarding any other individual or entity such as information regarding your nominated assessor, shall be provided to Us only after obtaining their prior express consent and any discrepancy or action arising as a result of such disclosure of information shall be your sole responsibility.
(iv) Registration Fee:
You shall be charged a fee for availing the Services (“Registration Fee”) once your application for registration is confirmed and approved. You hereby acknowledge that you shall not be granted access to the Services offered through the Platform unless you duly pay the Registration Fee. You further acknowledge that you shall only be entitled to a refund of the Registration Fee if You successfully complete the Program. The decision of whether You have successfully completed the Program shall be made solely at the Company’s discretion. If you are notified that you have successfully completed the Program, the Company shall issue a refund of the Registration Fee to You as per the refund policy of the Company. The Company reserves the right to change the Registration Fee at any time at its sole discretion.
(v) Cancellation/rescheduling/alteration of the Program format:
We reserve the right at any time in our sole discretion to cancel, delay, reschedule or alter the format of any Program or Services offered through the Platform, or to cease providing any part or all of the Platform’s content or related Services, and you agree that the Company shall not have any liability to You for such an action. If You no longer desire to participate in the Programs, You may terminate your participation at any time by terminating Your Account. However, this shall disentitle You from receiving a refund of the Registration Fee and the rights granted to You hereunder will terminate upon such termination of your Account, but the other provisions of the Terms will survive any such termination.
F. YOUR USE OF THE SERVICES AVAILABLE ON THE PLATFORM
(i) Creating your Account:
You may use the Platform to create your Account and/or update your profile as stated above and apply for access to the various features and Services available therein.
(ii) Submitting your Application:
You as a Registered User shall be required to submit an application (“Application”) to gain admission into the Program and you may do so by providing us with your Personal and Sensitive Personal Information including but not limiting to your first name, middle name, surname, preferred name, gender, phone number, level of education, occupation details, details of your past/present employer, social media links, reasons for your interest in the Program, etc. Upon updating said information, you may submit your application and await to be notified of your admission into the Program. Upon registering into the Program you will have access to the logistics of the Program, the workshop schedule and you will get consistent feedback.
(iii) Access to the Program Training Modules based on Themes:
Once your Application has been approved, your participant details and such other information are updated by You. You shall have access to the various training modules and tools (“Training Module”) available within the Platform based on certain core themes. The Leading With Pride has seven leadership foundation themes such as (a) Use your personal life story to find your resilience, motivation and inspiration, (b) Be an active learner, builder and barrier breaker by being uncomfortable with comfort zones. (c) Realize that it is not about you, it is about the systems, (d) Focus on positivity to build energy in yourself and others, (e) Value and leverage the diversity in yourself and in others to build great decision outcomes, (f) Use your personal story to connect with, respect, engage and influence others. Create deep empathy and (g) Build support that respects, empathizes and challenges you. Each Training Module is based on these seven themes and comprise of various exercises, assignments and instructions, the satisfactory completion of which will further your progress in the Program. For each Training Module you complete you will be awarded access to the following Training Modules, and in such manner you may advance towards completing the Program. The Platform has the discretion to amend the Training Modules and the tools.
(iv) Interact with Mentors:
Upon being accepted into the Program, you may use the Platform for interacting with the mentors/trainers (“Mentor”) assigned to you in order to secure their assistance in effectively completing the Training Modules and the Program.
(v) Managing your Dashboard:
You as a Registered User may manage the dashboard available through the Platform, where you will be able to access the Training Modules, your progress in completing the Training Modules and the Program and the user tools which you may need to access in order to assist with effective participation in the Program.
(vi) Edit and update your Account:
You will have to option to edit your information and therein customise the content and Services provided to you through the Platform.
(vii) Sharing the data:
You may also use the Platform for sharing your Personal Information or Sensitive Personal Information with your Mentors or other Registered Users. You may also customize your privacy and social media permissions as per your preferences on the Platform.
(viii) Additional services: The Company may add more services depending on what they deem necessary to further the interest of the Platform and the Registered Users.
G. YOUR CONDUCT ON THE PLATFORM
(i) You acknowledge that the Platform is only an informative and educative platform. We are not in the business of providing psychological counselling, healthcare or recruitment services. Please note that we do not guarantee the efficacy of any of the inputs, advice or training modules on the Platform and all featured content are a product of collective and subjective research on varied relevant topics and not a product of the Platform’s personalised choices or perspectives, hence we undertake no liability for consequences arising from use of the same. We do not make any representations or warranties with respect to the accuracy of any such featured content. We do not endorse or influence control over any particular branch of theory, opinion, viewpoint or position on any topic.
(ii) You acknowledge that although the Platform provides Services to early career professionals, said Services and Programs do not guarantee any recruitment or employment opportunities upon the successful completion of the Program. We shall not be liable if You fail to secure gainful employment after completing the Programs or availing the Services provided through the Platform.
(iii) You may access and update your account details on the Platform and hereby undertake to ensure that the account details provided are correct and complete at all times. We will not be liable for any incorrect data that has been provided by you on the Platform. It is your responsibility to ensure that all Personal and Sensitive Personal data that has been captured on the Platform is correct and accurate.
(iv) You agree that you are responsible for your own use of the Platform and for your User Content. Please note that only you will have the option and sole discretion to share your user Content with your Mentor or other Registered Users. “User Content” shall include all content submitted, posted, published, or distributed on the Platform by You including but not limited to all entries made in pursuance of completing the Training Modules, notes, questions, comments, videos, and file uploads. The Platform will not be responsible if you do not keep your account details secure and your User Content is accessible to someone resulting from your negligence.
(v) You acknowledge that when using the Platform, You may be exposed to User Content from a variety of sources and that neither the Company nor the Mentors shall be responsible for the accuracy, usefulness, reliability of or relating to such User Content as the Company will not have access to the same. You further understand and acknowledge that you may be exposed to User Content shared/uploaded by other Registered Users which could be inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company or the Mentors thereto. Neither the Company nor any of the Mentors endorse any User Content or any opinions, recommendations or advice expressed therein. Neither the Company nor any of the Mentors shall have any obligation to monitor any User Content or any other Registered User communications through the Platform.
(vi) We, however, reserve the right to review User Content and to exercise our sole discretion to edit or remove, in whole or in part, any User Content at any time and for any reason, or to allow the Mentors to do so. Without limiting the foregoing, upon receiving notice from a Registered User or Mentor that a User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the said User Content, which we reserve the right to do at any time and without notice.
(vii) Whether in the capacity of a Visitor or Registered User, you should not use the Platform:
- for any purpose that is unlawful, illegal or forbidden by law;
- in any manner that harms the Company or its directors, employees, affiliates, distributors, partners, service providers, and / or any other user;
- to remove any copyright and other proprietary notices contained in any content on the Platform;
- to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Platform;
- to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material.
(viii) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any of its content including any User Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any of its content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
(ix) You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
(x) You shall not 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.
(xi) You shall not host, display, upload, modify, publish, transmit, store, update or share any information that —
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws;
(c) is harmful to minors;
(d) infringes any patent, trademark, copyright or other proprietary rights(s);
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false, grossly offensive or misleading in nature but may reasonably be perceived as a fact;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
(j) 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.
(xii) You shall not permit any third party to have access to the Platform or to use the Platform without Our prior written consent. You shall not allow any third party to access the Platform or provide information on the Website and/or Application.
(xiii) You will immediately notify Us of any breach or suspected breach of the security of the Platform of which You become aware, or any unauthorized use or disclosure of information within or obtained from the Platform, or any unauthorized use or access to your Account by any third party and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.
(xiv) You shall not probe, scan or test the vulnerability of the Platform or any network connected to it, nor breach the security or authentication measures on the Platform or any network connected to it. You may not reverse look-up, trace or seek to trace any information on any Registered User or any account on the Platform not owned by you, to its source, or exploit the Platform or information made available or offered by or through it in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
(xv) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or our trademarks / brand names or domain name or otherwise engage in any conduct or action that might tarnish our image or reputation, or the image or reputation of other users or third parties on the Platform. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks.
(xvi) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on it or with any other person’s use of the Platform.
H. USE AND OWNERSHIP OF CONTENT ON THE PLATFORM AND REGISTERED USER INFORMATION/USER CONTENT
(i) The Company owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Platform i.e. Application and Website, the present or future modifications / up gradations thereof and standard enhancements thereto, the Modules, Training Programs and other proprietary tools and contents developed by the Company from time to time (Hereinafter “Company Content”).
(ii) The Company grants You a limited, non-transferable and revocable license to access and use the Platform, the Company Content or any part thereof for availing the Services, but not to download any material from it (other than page caching) except for personal, non-commercial use or modify it, or any portion of it, except with express written consent of the Company. Any unauthorized access to the Platform, Company Content (or any part thereof) or any networks, servers or computer systems connected to Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform, save to the extent expressly permitted by these Terms, is not permitted.
(iii) This license is non-transferable and does not permit any resale or commercial use of this Platform or Company Content or any part thereof; any downloading or copying of account information or Company Content for the benefit of anyone other than for Your personal non-commercial use; or any use of data mining, robots, or similar data gathering and extraction tools.
(iv) You hereby agree and acknowledge that, unless indicated as being in the public domain, the Company Content and User Content on the Platform is protected by national and foreign copyright laws. Unless otherwise expressly stated on the Platform, the texts, exams, quizzes, videos, images, and other instructional materials provided along with Programs offered on the Platform are Company Content and are owned by the Company. You are permitted to use the Platform and the Company Content for your personal use in connection with the said Programs only. You agree to retain all copyright and other notices on any Company Content you obtain from the Platform. All rights in the Platform and Company Content, if not expressly granted, are hereby reserved.
(v) The Platform or any portion thereof (including but not limited to any Company Content, copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the Company. Except as expressly permitted by these Terms, any, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, de-compilation, translation, or disassembly of the Platform embodied in the Website and/or Application is strictly prohibited. Any unauthorized use of the Platform, Company Content or User Content shall terminate the permission or revoke the license granted by the Company.
(vi) The Terms do not and shall not transfer any ownership or proprietary interest in the Platform or Company Content from Us to You, except as may be otherwise expressly provided in these Terms or as may be agreed to by and between Us and You.
(vii) You are solely responsible for your conduct and any data that you submit, post or display on or via the Platform i.e. (User Content). We shall have no liability for your conduct in relation to your use of the Platform. Violations of these Terms may result in legal consequences prescribed by applicable laws.
(viii) We provide Registered Users the facility to enter and upload Registered User Information including User Content. We claim no ownership rights over the Registered User Information including User Content created or shared by you. You own all rights, title and interest in and to the Registered User Information including User Content that you share and We take no responsibility and assume no liability for any Registered User Information including User Content that you or any other third party creates, stores, shares, posts or sends through the Platform. You shall be solely responsible for your Registered User Information including User Content and the consequences of posting, publishing it, or sharing it and You agree that we are only acting as a passive conduit and facilitator for your online sharing, learning and other uses of your Registered User Information. If your Registered User Information including User Content violates these Terms, you may bear legal responsibility for that content.
(x) You represent that use of the Registered User Information including User Content as contemplated by these Terms and the Platform will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
I. THIRD PARTY WEBSITES, CONTENT.
(i) You may be provided with links on the Website/Application that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”).We do not endorse any Third Party Websites that You may be directed to from the Platform.
(iii) By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. The Company generally does not review content provided by Registered Users or others. You agree that we are not responsible for Registered Users or other User Content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
(iv) Similarly, the Company may organize events or allow others to create events where you may get connected with other Registered Users or other attendees at such events. You agree that (1) Company is not responsible for the conduct of any of the Registered Users or other attendees at such events, (2) Company does not endorse any particular event listed on our Services, (3) Company does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
J. SERVICE AVAILABILITY
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
K. PERSONAL INFORMATION AND DATA SECURITY
L. DISCLAIMERS AND LIMITATION OF LIABILITY
(i) The information and materials, including the Company Content, User Content or any other information/content available through the Platform are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or counseling. We are not responsible for the efficacy or completeness of such information available from or through the Platform. You assume full risk and responsibility for the use of the information You obtain from or through the Platform, and You agree that we are not responsible or liable for any claim, loss, or liability arising from the use of the information. You are advised strongly against relying solely on, or make decisions based solely on advice provided on the Platform.
(ii) We make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content including Company Content/User Content/third party content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform.
(iii) Your use of information provided on the Website and availing of Services on the Platform is solely at your own risk. The Company is not, and will not in any manner be involved in the provision of psychological care or employment/recruitment facilities.
(iv) THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE PLATFORM OR THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING COMPANY CONTENT AND INFORMATION OR USER CONTENT) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(v) TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
(vi) Notwithstanding the above, in the event we have any liability to you or any third party for any loss, harm or damage, You agree that such liability shall under no circumstances exceed the value of any fees paid by You to the Company in the preceding twelve months or INR 1000 whichever is lesser. You agree and acknowledge that the foregoing limitation of liability is an agreed allocation of risk between You and Us.
(vii) The limitations of liability in this Section are part of the basis of the bargain between you and the Company and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Company or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
(viii) These limitations of liability, however, do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
You agree to defend, hold harmless and indemnify Us and our licensors and affiliates, partners and Mentors from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (a) your use or misuse of the Platform or (b) your breach of any provision of these Terms or applicable laws or (c) any breach of the representations, warranties, and covenants made by You herein or (d) Your infringement of any intellectual property or other right of any person or entity, (e) or any fraud, negligence, wilful misconduct or intentional wrongdoing on your part or on the part of your employees, subcontractors and agents in performance of their obligations under these Terms or (f) as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the Platform. You shall not settle or compromise any such matter without our prior written consent. We shall be entitled to participate in such defence through our own counsel at your cost and expense.
Both you and the Company may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
(i) Our rights to use and disclose your feedback;
(ii) Registered User’s rights to further re-share content and information you shared through the Services;
(iii) Sections E, F, G, H, L, M and O of this Contract;
(iv) Any amounts owed by either party prior to termination remain owed after termination. The Registration Fees will be refunded to you only upon successful competition of the Program.
O. GOVERNING LAW AND JURISDICTION
(i) These Terms along with your use of the Platform are governed by and construed in accordance with the laws of India. Any dispute arising out of the Terms shall be subject to jurisdiction of courts of Bangalore in India.
(ii) Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by Arbitration in India, before a sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996 along with all amendments.
(iii) The venue of such arbitration shall be Bangalore, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
(iv) The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
P. GRIEVANCE OFFICER:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is as follows:
Name: Dwight Cook
Email Id: Dwight@leadingwithpride.com
Q. GENERAL PROVISIONS
(i) Entire Agreement: The Terms constitute an entire, valid and binding agreement between you and Us and governs your access and use of the Platform.
(ii) Advertisement: We shall have the right to place advertisements and publicity materials of our choice, including that pertaining to parties other than ourselves for commercial use through electronic means on the Platform.
(iii) Binding Nature and Assignment: This Agreement shall be binding upon You and Us and your successors-in-interests and permitted assigns as long as you use the Platform as a Registered User. You may not assign or sub-license, without the prior written consent of the Company, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. We may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates.
(iv) Severability: If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforce ability of the remaining provisions.
(v) Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.