1.1. Purpose
Terms of Use – Myaspirations.biz
This online training website is dedicated to all the human beings of this beautiful world. The aspirations could be in any aspect of personal or professional life like understanding of self, personality development, soft skills, education in terms of language / technical, entertainment, health, wealth, relationships, jobs, economy, politics, science and technology, innovation, environment, animal kingdom, beyond earth and the like...with only condition being use it only for positive and progressive purposes. We wish each user of this platform to achieve sustainable success and happiness in life by enabling better clarity, focus and action also engaging others in your progress. The overall principle is TOGETHER WE WIN. This is the reason why we have also included the feature of TRAINERS / ENABLERS so that your personal and professional aspirations can be stated in a structured manner with deeper clarity, understanding, focus, confidence and commitment to realize in reality. Lets commence the journey of achieving our aspirations in a structured manner.
1. Background
1.1 This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2 This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Myaspirations.biz (“Website”).
1.3 The Website is owned, registered and operated by Ladder Consultancy Services Pvt. Ltd., ("LCS"), a private limited company, incorporated under the provisions of the Companies Act, 1956 and having its registered office at 27/2A, Rameshwaram Road,T.Nagar, Chennai 600 017.
1.4 These terms of usage (“Terms of Use”) govern your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, and/or by registering on the Website or by using our offerings, including our mobile applications, developer platforms, any premium services offered by LCS now or in the future, or by using any content or information provided as part of the Website/Services, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use. By clicking “Join Now”, “Join Myaspirations.biz”, “Sign Up”, “Register” or any term similar in meaning to the aforementioned terms, or by using any Service, you acknowledge that you have read and understood the terms and conditions of these Terms of Use and that you agree to be bound by all of its provisions.
1.5 For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or “Registered User” shall mean any natural or legal person who uses the Website for availing the Services, which include the parent or adult who is paying for the service, as well as the Registered User who is using the Service. The term “We”, “Us”, “Our” shall mean LCS.
1.6 We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.
2. Services
2.1 Description
2.1.1 Through our Website, we enable Registered Users to connect individual users with their select friends and groups, general public through the forum feature, with providers of Products / Services that enables their individual dreams and wishes. Our mission, through our Website, is also to connect the world’s professionals to enable them to be more productive and successful. To achieve our mission, we make services available through our websites, mobile applications, and developer platforms, to help you, your connections, and millions of other professionals meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups.
2.1.2 The Website also enables Registered Users to connect with trainers (“Trainers”) who provide live, one-to-one training sessions to Users, and learning services to Users, and course materials covering the areas of aspirations profiling and management, English language and other language courses, soft skills training, employability enhancement training including all aspects of technical training courses, and Professional Development/Career Management (“Training Services”).
2.1.3 Polls and Surveys
IF YOU CREATE POLLS AND SURVEYS ON THE WEBSITE:
(a) Your poll and survey data is owned by you. Not only that, LCS treats your polls and surveys as if they were private. We don't sell them to anyone and we don’t use the poll or survey responses you collect for our own purposes, except in a limited set of circumstances (e.g. if we are compelled by a subpoena or a process prescribed by Applicable Law, or if you've made your survey responses public).
(b) We safeguard respondents' email addresses. To make it easier for you to invite people to take your surveys via email, you may upload lists of email addresses, in which case LCS acts as a mere custodian of that data. We don't sell these email addresses and we use them only as directed by you and in accordance with this policy. The same goes for any email addresses collected by your surveys.
(c) We keep your data securely. Read our Privacy Policy for more information.
IF YOU ANSWER POLLS OR SURVEYS:
(a) Polls/Surveys are administered by poll/survey creators. Poll/Survey creators who are also Registered Users, may conduct thousands of polls/surveys each day using our Services. We host the surveys on our Website and collect the responses that you submit to the survey creator. If you have any questions about a poll/survey you are taking, please contact the poll/survey creator directly as LCS is not responsible for the content of that survey or your responses to it. The poll/survey creator is usually the same person that invited you to take the survey and sometimes they have their own privacy policy.
(b) Are your responses anonymous? This depends on how the poll/survey creator has configured the survey. Contact them to find out.
(c) We don't sell your responses to third parties: LCS doesn't sell or share your poll/survey responses with third party advertisers or marketers (although the survey creator might, so check with them). LCS merely acts as a custodian on behalf of the survey creator who controls your data.
(d) If you think a survey violates our Terms of Use or may be engaging in illegal activity, please report the same immediately to ceo@myaspirations.biz.
2.1.4 Promotions
If you use the Website to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
(a) The official rules;
(b) Offer terms and eligibility requirements (ex: age and residency restrictions); and
(c) Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals)
If LCS opts to use the Website to communicate or administer a promotion (ex: a contest or sweepstakes), LCS will be responsible for the lawful operation of that promotion, including:
(a) The official rules;
(b) Offer terms and eligibility requirements (ex: age and residency restrictions); and
(c) Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals).
Where LCS administers a promotion, the decision as regards the winner of a Promotion and the evaluation parameters utilized by LCS to arrive at the winner shall be at the sole discretion of LCS and cannot be challenged by any Registered User.
Promotions on the Website by a Registered User must include the following:
(a) A complete release of LCS by each entrant or participant.
(b) Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, LCS.
Promotions may be administered on Pages on the Website. Personal Profiles must not be used to administer promotions (ex: “share on your Profile to enter” or “share on your friend's Profile to get additional entries” is not permitted).
LCS will not assist you in the administration of your promotion, and you agree that if you use our service to administer your promotion, you do so at your own risk.
2.2 Registration
2.2.1 To avail of the Services specified in Clause 2.1.1, you will only be required to register on the Website and be a registered user (“Registered User”). The Services specified in Clause 2.1.1 shall be free of cost.
2.2.2 To avail of the Training Services (including the Free Trial specified in Clause 2.3 below), in addition to being a Registered User, you will also be required to opt for a particular subscription plan from the various options made available to You by LCS from time to time (“Subscription Plan”), pay the applicable fees, and obtain an account, and password. Please note that the subscription fees associated with each Subscription Plan are subject to change from time to time, with notice of any fee revision being intimated to You by LCS. Please refer to the Privacy Policy for details on the kind of information that will be collected at the time of registration. Please note that parents/legal guardian of a Registered User who is below the age of 18 Years will be required to register on behalf of the Registered User who is availing of the Training Services.
2.2.3 You are solely responsible for maintaining the confidentiality of your account, and password and for all activities and liabilities associated with or occurring under your account, and password.
2.2.4 In the event that you find that you are a victim of identity theft, and someone is using your name/personal details to make use of our Services, you should immediately notify us on ceo@myaspirations.biz. We reserve the right to suspend any account at any time with or without notification to the subscriber in order to prevent any occurrence of what we believe to be a fraudulent activity.
2.2.5 You agree to (a) provide true, accurate, current and complete information about yourself as required, (b) maintain and promptly update information to keep it true, accurate, current and complete, (c) not use the Website to recruit, solicit, or contact in any form, Trainers or potential consumers for employment or contracting for a business not affiliated with us.
2.2.6 If you reside outside India, your registration indicates your explicit consent that the personal information you have provided at the time of registration may be transferred and stored in countries outside your home country. Your personal information shall only be used in accordance with our Privacy Policy.
2.2.7 You may be given a one hour free training session upon registering with us. Only one free training session may be made available to each Registered User for each subject that is offered to him/her. You will not be allowed to take a free tutorial for each subject more than once.
2.3 Free Demo Training Sessions and Referral Benefits
2.3.1 LCS may offer a free trial of the Training Sessions offered through the Website, which comprises of only 1 (one) free session per subject to each new Registered User (“Free Trial”). Accordingly, each Registered User may be entitled to receive 1 (one) free Training Session on Aspirations Profiling / Management or any of our other training courses offered online in line with the interest area of the potential student.
2.3.2 You must have Internet access and must provide LCS with such registration details as are required to be provided pursuant to Clause 2.2.1, so as to be able to activate a Free Trial. You are not eligible for a Free Trial Period if: (i) you have previously signed up for a Free Trial Period; (ii) you had a subscription to the Training Sessions within the preceding 12 (twelve) months; or (iii) your Payment Method or e-mail address has previously been associated with a Free Trial or Subscription.
2.3.3 Upon completion of the Free Trial, You will not be entitled to access any other Training Session(s) unless you have subscribed to any of the Subscription Plans that have been offered by LCS. If you choose to not subscribe to the Training Sessions, you can provide your feedback on the Free Trial via an e-mail to feedback@myaspirations.biz. You may also choose to specify the reasons for your inability to subscribe to the Training Sessions.
2.4 Fair Usage Policy
2.4.1 Every Registered User must have his or her own Subscription Plan and must not overbook Training Sessions and then not attend them.
2.4.2 Instances of Subscription abuse include (i) usage of one account by multiple Users in the same family; (ii) sharing a subscription with others or booking many sessions and not showing up for them; and (iii) using more than 1 (One) Training Session every day. These constitute a violation of the terms of service and LCS reserves the right to cancel a customer account or limit usage if there is suspected account abuse. If Your account is suspended or limited, please contact ceo@myaspirations.biz . Cancelled or limited accounts are not entitled to any refunds for used or unused subscription services. Therefore, you are advised to keep your account login information confidential and private and to cancel sessions that you can't attend, so as to allow booked Trainers to be available to help other Users.
2.5 Scheduling of Training Sessions
The Training Sessions, each of a duration of 50 (fifty) minutes (“Training Sessions”) have to be scheduled in advance. Please do note that 10 (ten) minutes of time has been allocated between Training Sessions for the Trainer and You to come online, get Your texts/reading materials ready, check Your internet connection, headphones etc for proper functioning etc. Please be aware that You are solely responsible for any delay or failure to attend a Training Session for whatever reasons. In no circumstances will LCS or the Trainer(s) be responsible for a delay on Your part to attend the Training Session. If You are late for the Training Session, please note that you will only be avail of such amount of time as is left in a Training Session, and in no circumstances will the Training Session extend beyond the originally scheduled time. We retain the right to change the scheduled sessions at any time by giving reasonable notice prior to the time of the scheduled Training Session.
2.6 Hours of Training Sessions and Assessments
After registration in accordance with the procedure outlined in Clause 2.2 above, you will be eligible for such number of Training Sessions in the relevant topics, as has been made available to you in the Subscription Plan that You have opted for. This is subject to availability of Trainers. We have the right to place temporary restrictions on usage during peak hours or with certain Trainers to ensure equitable availability of Sessions to all users.
Upon completion of all or any of the training sessions, LCS may offer and the Registered User may opt to complete any online/offline assessments that LCS may conduct to assess the progress of the Registered User in each of the subjects for which he/she has opted to receive the Training Services for.
2.7 Payment
2.7.1 You will be required to pay a subscription fee that is applicable to your Subscription Plan for certain Services offered through the Website (“Subscription Fee”). The Subscription Fee may comprise of the following components i.e. (i) a “training fee” that is payable per training session; (ii) a “course fee” that is chargeable for the course content that may be made available by LCS in each of the following areas i.e. aspirations profiling and management, English language and other language courses, soft skills training, employability enhancement training including all aspects of technical training courses, and Professional Development/Career Management; and (iii) an “assessment fee” that may be applicable in respect of any online/offline assessments that LCS may conduct as part of the Training Services or otherwise.
2.7.2 The Subscription Fee will be payable at the beginning of your subscription, and shall be applicable for the duration of the particular Training Sessions in the relevant topics made available to you in the Subscription Plan that You have opted for.
2.7.3 If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to LCS storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
2.7.4 Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates.
2.7.5 LCS does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services here. Additionally, if you require a printed invoice for your transaction with us, you may request one by contacting sales@myaspirations.biz via e-mail.
2.7.6 Before the expiry of each subscription period, we will send you an e-mail, on your registered e-mail id provided by you at the time of registration, notifying you of such expiry and requesting you to renew your membership if you wish to continue to avail of our Services.
2.7.7 Once the subscription fee is paid in respect of Training Services offered by LCS, there will be no refund of the same. This no refund policy will apply even if the user has not made use of the number of sessions that he/she had signed up for at the time of payment of the subscription fee. In relation to the other Premium Services offered through the Website, we do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that the Website’s other Premium Services are subject to these Terms of Use and any additional terms related to the provision of such Premium Service, which may be notified from LCS from time to time.
2.7.8 You agree and confirm that the credit/debit card/other payment details provided by you for availing the Training Services are true and accurate. You acknowledge that in the event the payment is declined, for any reason whatsoever, the Training Services to be provided to you will stand cancelled and you shall be notified of such cancellation.
2.8 Recording of Sessions
You agree that we may record all or any part of any Training Sessions solely for the purposes of verifying the quality of services that we are providing to you. We reserve the right to review the Training Sessions as to ensure that such sessions are held in accordance with all provisions of applicable laws of India. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of the Training Sessions and all comments that you may provide to us on or through the Website as regards the quality of Training Services or on any other issue arising from the use of our Training Services.
2.9 Modification of Training Services
We reserve the right to add to, change or remove features, pricing and other aspects of the Training Services provided under these Terms of Use. These Terms of Use shall continue to apply to such modified Training Services. We further reserve the right to, at any time, and from time to time, modify, discontinue, temporarily or permanently, the site or the Services provided, or any part thereof, with or without notice to you. It is hereby agreed by you that you shall not hold LCS liable for any such modification, temporary suspension or discontinuation of the Website or the Services.
For purposes of service messages and notices about the Training Services, LCS may place a banner notice across the pages of the Website to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from LCS to an email address associated with your account, even if we have other contact information. You also agree that LCS may communicate with you through your Website account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Website account or services associated with the Website. Please review your account settings to control and limit what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Training Services.
2.10 Mobile Applications
LCS may offer the Services through applications built using LCS’s platform (“LCS Applications”). Examples of LCS Applications include its smart phone applications (e.g. LCS for Android and iOS), and LCS’s “Share” buttons and other interactive plugins distributed on websites across the web. If you use a LCS Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing plugins that load in your browser may be communicated to us. Further, by importing any of your Website data through the LCS Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your LCS account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Website through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
2.11 User-to-User Communication and Sharing
LCS, through the Website, offers various forums such as Groups and Network Updates, where you can post your observations and comments on designated topics. LCS also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other Services, such as through the manage or enable modules of mydreamsandwishes, Aspirations Profiling, Aspirations Management, Soft skills and English language courses, and Professional Development/Career Management platforms provided on the Website. LCS may also share certain information pertaining to the dreams and wishes of a Registered User with a current / potential service provider who is also registered on the Website and is in a position to enable the aspirations of such a Registered User. In such cases, LCS will bear no liability or responsibility whatsoever as regards the quality of product / service provided by such current/potential service provider, and LCS will, under no circumstance, entertain any claims for damages suffered by a Registered User on account of services rendered OR any failure of a current/potential service provider to render services to a Registered User.
Please note that ideas you post and information you share may be seen and used by other Registered Users or, if public, by Visitors, and LCS cannot guarantee that other Registered Users will or will not use the ideas and information that you share on the Website, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Group, into your Network Updates, or elsewhere on the Website. LCS IS NOT, AND WILL NOT, BE RESPONSIBLE FOR ANOTHER REGISTERED USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT YOU POST ON THE WEBSITE.
2.12 Connections and Interactions with other Registered Users
You are solely responsible for your interactions with other Members. LCS may limit the number of connections you may have to other Registered Users and may, in certain circumstances, prohibit you from contacting other Registered Users through use of the Services or otherwise limit your use of the Services. LCS reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if LCS determines, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
3. Intellectual Property rights
3.1 Copyright
3.1.1 All content included on the Website and delivered to subscribers as part of the Service, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, software, structure of the course materials, content of the course materials, training techniques provided to Registered Users, etc. is the property of LCS, and is protected by the applicable intellectual property laws. The compilation of all content on this Website is the exclusive property of LCS, and shall not be reproduced or used without express written permission from LCS. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate your membership hereunder if we, in our sole and absolute discretion, believe that you are in violation of this Clause. LCS also reserves the right to claim damages in such cases.
3.1.2 The use of the Service is solely for your personal and non-commercial use. You may use the website, course material, and other content on the Website provided as a part of the Training Sessions for non-commercial, personal or educational use only and we grant you a limited, non-perpetual, revocable, non-transferable, non-assignable, non-exclusive, royalty-free license to access and utilize the course materials and training sessions for non-commercial personal or educational purposes while these Terms of Use are in full force and effect:
Provided that any permitted copies of course material and the training sessions contain, in an unmodified form, the following:
(a) all language designations contained in the course materials originally provided to you by us indicating the confidential nature thereof; and
(b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties.
Provided further that you will not modify of any of the content except as approved by us in advance in writing. It is hereby agreed by you, that we or any third parties as applicable, hold all right, title and interest to all the aspects of the content provided through the Website and the Services, and except to the limited extent described in this Clause 3.1.2, you do not acquire any intellectual property rights in such content or license to such content by downloading or printing course material from the Website. The rights granted to you herein as mentioned, are revocable under these Terms of Use.
3.2 Trademarks
Myaspirations.biz is the domain name of LCS. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of LCS. The trademarks, domain names and trade dress of LCS shall not be used or reproduced without prior written approval from LCS, and may not be used in connection with any product or service that is not affiliated with LCS, in any manner that is likely to (a) cause confusion among customers; or (b) dilute the rights of LCS, or (c) to disparage or discredit LCS.
3.3 License and warranty for your submissions to the Website
3.3.1 As between you and LCS, and to the extent that LCS recognizes upfront in writing as you being the owner of the content and information that you provide LCS under this Agreement, You may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant LCS a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to LCS, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to LCS, without any further consent, notice and/or compensation to you or to any third parties. LCS shall also be the sole owner of all intellectual property rights in and to, any upgrades, that may be made to any of the course materials prepared and disseminated through the Website, including in respect of the areas of aspirations profiling and management, English language and other language courses, soft skills training, employability enhancement training including all aspects of technical training courses, and Professional Development/Career Management
3.3.2 Pursuant to this license, LCS may grant other Registered Users and/or Visitors access and share rights to your content and information in accordance with these Terms of Use, your settings and degree of connection with them.
3.3.3 Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and that it is not in violation of any law, contractual restrictions or other rights that you may possess in them and that it is not in violation of any third party rights (including any intellectual property rights).
3.3.4 It is your responsibility to keep your profile information on the Website accurate and updated.
3.3.5 The profile you create on the Website will become part of the Website and except for the content and information that you license to us, all other content and information is owned by LCS. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Website account to another party; and (5) not charge anyone for access to any portion of the Website, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your Website account, respectively, please contact contact@myaspirations.biz via e-mail.
4. Confidential Information
4.1 You agree to safeguard any Confidential Information as defined below, which you may have had access to during your use of our Services, and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Confidential Information to any person or business.
4.2 In the event of violation of the above Clause by you, we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages in connection with such prohibited use or disclosure.
4.3 For the purpose of these Terms of Use, “Confidential Information” means any information provided or made available to you in connection with use of the Website and/or Services, including but not limited to, designs, concepts, processes, materials, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, trade secrets and the technology underlying the Services.
5. Links
5.1 The Website or the Services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
5.2 We are not responsible for any form of transmission, whatsoever, received by the Registered User from any Linked Site. We are providing these links only as a convenience, and the inclusion of any suck link does not imply endorsement by the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
5.3 On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. 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, advertising, products, services or other materials available on or through any Third Party Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.
6. Fraud and Improper Conduct
6.1 You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way:
(i) interfere with the ability of others to access or use the Services;
(ii) disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users' ability to use the Website or the Services;
(iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
(iv) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
(v) abuse the Trainers, subject him/her to any kind of sexual harassment, use obscenities in the classroom, make threats, solicit any personal information from any tutor or discuss matters other than those directly related to the academic subject for which you seek help.
6.2 You agree that you shall not use the website to host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which the user does not have any right to;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii) harms minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages;
(vii) communicates any information which is grossly offensive or menacing in nature;
(viii) impersonates another person;
(ix) contains software viruses or any other computer code, files or programs;
(x) is designed to interrupt, destroy or limit the functionality of any computer resource; or
(xi) threatens the unity, integrity, defense, 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 of any other nation.
7. Child Protection
7.1 In the event the Registered User or any other person on behalf of the Registered User is of the opinion that the Trainer who is in charge of training the Registered User is abusing the Registered User in any way including but not limited to emotional and sexual abuse, he/she may immediately report any such incident, supported by any evidence (if available) in writing to the Grievance Officer, who’s details are provided in Clause 14 below.
7.2 For the purpose of this Clause, “emotional abuse” refers to any behavior that causes severe and persistent adverse effects on the child's emotional development, including, but not limited to not giving the child opportunities to express his/her views, deliberately silencing him/her, having age or developmentally inappropriate expectations, constantly threatening or humiliating him/her, and giving degrading punishments.
7.3 For the purpose of this Clause, “sexual abuse” refers to behavior which involves forcing or enticing a child or young person to take part in sexual activities, including but not limited to making sexually inappropriate remarks about/to the child, encouraging him/her to behave in sexually inappropriate ways, or grooming a child in preparation for abuse.
8. Limitations and Disclaimer of Warranty
8.1 The Website, the Services and each portion thereof are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable laws of India, we disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
8.2 LCS does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Website, the Services, each portion thereof or any third party sites. Specifically, LCS does not control or vet user generated content for accuracy.
8.3 Under no circumstances, including, but not limited to, negligence, shall we or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Website, the Services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages.
8.4 If you are dissatisfied or harmed by this Website or anything related the Website, you may close the account and terminate these Terms of Use in accordance with Clause 10 below and such termination shall be your sole and exclusive remedy.
8.5 LCS is not responsible, and makes no representations or warranties for the delivery of any messages (such as messages, posting of answers or transmission of any other user generated content) sent through the Website to anyone. In addition, LCS neither warrants nor represents that Your use of the Services will not infringe the rights of third parties.
8.6 Any material, Service or technology described on the Website may be subject to intellectual property rights owned by third parties who have licensed such material, service or technology to us. LCS does not have any obligation to verify the identity of the persons subscribing to its Services, nor does it have any obligation to monitor the use of its Services by other Registered Users. Therefore, LCS disclaims all liability for identity theft or any other misuse of Your identity or information by others.
8.7 LCS does not guarantee that the Services it provides will function without interruption or errors in functioning. In particular, the operation of the Services may be interrupted due to maintenance updates, or system or network failures. LCS disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, LCS disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Website due to inappropriate equipment, disturbances related to Internet Service Providers, to the saturation of the Internet Network, and/or for any other reason.
9. Indemnification
You agree to indemnify, defend and hold harmless LCS, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party service providers or vendors (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of, (a) your failure to comply with these Terms of Use; or (b) any Content you submit, post to, email, or otherwise transmit to us that violates third party rights or applicable laws; or (c) any Content you submit through your use of the Services, or any portion thereof, your connection to the Services that violates third party rights or applicable laws; or (iv) any activity in which you engage on or through the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
10. Termination
10.1 LCS may terminate these Terms of Use and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only LCS or the party paying for the services may terminate your access to any Premium Services. Termination of your account on the Website includes disabling your access to the Website and may also bar you from any future use of the Website.
10.2 LCS may terminate these Terms of Use immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by You. Misuse of the Services includes inviting other Registered Users with whom you do not know to connect; abusing the messaging services; creating multiple or false profiles; using the Services commercially without LCS’s authorization, infringing any intellectual property rights, or any other behavior that LCS, in its sole discretion, deems contrary to its purpose.
10.3 You may terminate these Terms of Use, for any or no reason, at any time, with notice to LCS pursuant to this Clause 10.3. This notice will be effective upon LCS processing your notice.
10.4 In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, Consequences of Improper Conduct, Fraud or Abuse, and the provisions of this section.
10.5 You agree that upon the termination of these Terms of Use, we may delete all information related to you on the Services and may bar your access to the Website and use of the Services. Upon the termination of these Terms of Use you will immediately destroy any downloaded or printed content from the Website.
11. Severability
If any part of the Terms of Use for Services are determined to be invalid or unenforceable pursuant to applicable laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.
12. General
Unless otherwise specified herein, this Terms of Use for Services constitutes the entire agreement between you and LCS in respect of the Services and supersedes all previous written and oral agreements between you and LCS, if any. LCS’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
13. Governing Law
This Terms of Use and the Privacy Policy shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles. Courts in Bangalore, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, this Terms of Use and the Privacy Policy.
14. Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
V. Ramanan
CEO
Ladder Consultancy Services Pvt Ltd.
E-mail: ramanan@laddercs.com
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