Terms and Conditions
The following terms and conditions, along with all other terms and legal notices located on www.coachingselect.com (collectively, "Terms"), govern Your use ofwww.coachingselect.com (the "Website"). The Website is owned and operated by CoachingSelect.
These Terms of Use ("Terms") constitute a legally binding agreement ("Agreement") between the user who visits the Website in connection with use of our services, or whose information, CoachingSelect otherwise receives in connection with the services provided through its education business (“You”) and the CoachingSelect governing Your access to and use of the Website, including any subdomains thereof, and any other websites through which the Website makes its services available (collectively, "Site").
Access to any part of the Site or any content downloaded from it is conditional on Your acceptance of and compliance with these Terms and Privacy Policy. If You do not understand and agree to be bound by all Terms and the Privacy Policy, do not use this Site.
These Terms are binding upon You and Your successors, representatives, heirs, and assigns, as may be applicable. The headings of the several articles and subdivisions of these Terms are inserted solely for the convenience of reference and shall have no further meaning, force, or effect.
Additionally, basic services are chosen, certain product-specific conditions may apply.
Eligibility
You represent and warrant that:
1. You are competent to enter into a valid binding contract as per the applicable laws. If You are a resident of the European Union the minimum age for these purposes shall be 16, however, if local laws require that You must be older for the Site to lawfully provide the services in the Site to You then that older age shall apply as the applicable minimum age.
In all jurisdictions outside the European Union, if You are under the age of 18 or the age of majority in Your jurisdiction, You must use the Site under the supervision of Your parent, legal guardian, or responsible adult.
By accessing or using the Site You represent and warrant that You fulfill the requirement of minimum age and have the legal capacity and authority to enter into a contract as per the applicable laws.
You are not under any legal or other disability which limits Your ability to comply with these Terms or to install and use the products You purchase with minimal risk of harm to You or others. You further represent that You are not purchasing the products/services for resale to others and will not do so without the CoachingSelect’s prior written consent.
2. You are eligible to conduct the purpose “hereinafter defined” lawfully
Registration
On registration You agree to:
Make Your contact details available to partners/business associates of the Site, You may be contacted by the Site or its partners for additional information and registration process through email, telephone, and SMS.
Receive promotional mails/special offers from the Site or any of its partner websites/applications. If You do not wish to be contacted by the Site, please email us at the email provide over the contact us section.
Be contacted by Cochingselect in accordance with the settings set by You.
Purpose
The Site is made available for use to help students get details, discover & research on coachings, colleges, courses, and exams of their curiosity /Interest and for allied services related thereto. The site also helps connect `s/educational institutes/coaching centers etc. with forthcoming students who may be of interest to them. (“Purpose”).
Use to be in agreement with the Purpose
The Site (including the Site and related products) or Service or Product that You subscribe to or use (whether the same is paid for by You or not) is meant for the Purpose and only Your limited use. Copying or downloading or recreating or sharing passwords or sublicensing or sharing in any manner which is not in accordance with these terms, is a misuse of the Site or Service or Product, and CoachingSelect reserves its rights to act in such manner as to protect its loss of revenue or name or claim damages including stopping Your service or access and reporting to relevant authorities. In the event You are found to be copying or misusing or transmitting, scraping or crawling any data or photographs or graphics or any information available on the Site or Service of Product for any purpose other than that being a bonafide purpose, we reserve the right to take such action that we deem fit including stopping access and claiming damages.
1. Accuracy and correctness of the information provided by You:
· Whilst using this Site an obligation is cast upon You to only provide true and correct information and in the case of creating a profile You undertake to at all times keep the information up to date.
· We reserve the right to remove/suspend any content or profile providing false/incorrect or incomplete or outdated information or masquerading/impersonating as someone else.
· Keep Your contact details up to, date, wrong and false details by themselves can be a cause for termination of services. Also as a consequence we may not be able to reach You.
2. Security of login credentials and Responsibility of content/activities:
· Do not share passwords, be responsible for what You post
· If You have registered on the Site, the safety and security of Your log-in credentials is Your responsibility, do not share these with anyone.
· You are fully responsible for all activities that occur under the account and any other actions taken in connection with the Site. It is presumed that all activity happening through a user’s account on the Site is being done after having obtained proper authorizations and all lawful permissions as may be applicable.
· The Site may contain links to third party websites/apps, these links are provided solely as a convenience to You, and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same, if You choose to access these websites/apps You do so at Your own risk.
Use of the Site
1. The Site and the services and products offered via the Site are meant only for legitimate and lawful uses which fall within the scope of the Purpose and are meant only for Your exclusive use. The CoachingSelect has the sole and absolute right to determine whether a specific type of action or use falls within the scope of the Purpose or not.
2. The following actions will inter alia constitute a misuse of the Site and are strictly prohibited:
a. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, photographs and/or graphics, available on the Site and/or any services or products of the CoachingSelect, in any manner or for any purpose which is not, consistent with the Purpose and/or in accordance with these Terms. You are expressly prohibited from using or exploiting the Site and/or any content or data provided therein for: (a) any commercial purposes without the prior written consent of the CoachingSelect; and/or (b) undertaking any business activity which is in competition with the business of the CoachingSelect;
b. Using or attempting to use any automated program, software, or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers, etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content from the Site;
c. Modifying Site services or their appearance using any technology or overlay any additional offering on top of Site services or simulate Site services or their functions in any manner whatsoever without explicit consent from the CoachingSelect.
d. Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of the Site or any of the services or products offered on or through the Site which are not intended for You; (b) any server, Site, program or computer systems of the CoachingSelect or any other third parties and/or Users;
e. Accessing the Site through interfaces other than those expressly provided by CoachingSelect;
f. Attempting to breach or breaching any security or authentication measures set up by the CoachingSelect in relation to the Site and/or attempting to probe, scan or test the vulnerability of the CoachingSelect’s system or network;
g. Scraping, downloading (including bulk- downloading), replicating, or otherwise extracting any information or data from the Site (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the CoachingSelect;
h. Reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
i. Circumventing or attempting to circumvent any technological protections used or employed by the CoachingSelect or by any third party in order to protect the content on the Site and/or to exclude robots, spiders, etc. from crawling and /or scraping content from the Site.
j. Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Site or any computer networks connected to the Site, by any other User;
k. Impersonating any other person or entity, or making any misrepresentation as to Your employment by or affiliation with any person or entity;
l. Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
m. Stalking, threatening, or in any manner harassing any other User;
n. Imposing an unreasonable or disproportionately large load on the Site infrastructure;
o. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site (or any part thereof) and providing deep links into this Site (or any part thereof) without prior permission of CoachingSelect;
p. Spamming the Site/CoachingSelect or any other Users including by uploading, posting, emailing, transmitting, or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
q. Using the Q&A section, not in conformity with these Terms and the Community Guidelines available at https://www.coachingselect.com/HelpQ&A
r. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
i. Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule, or regulation for the time being in force;
ii. Belongs to another person and to which You have no right;
iii Infringes, breaches, or otherwise contravenes the rights of the CoachingSelect or any third party, including any copyright, trademark, patent, rights of privacy or publicity, or any other proprietary rights;
iv Contains computer viruses, or other computer code, files, or programs designed to disrupt, destroy or interfere with or limit the functioning of the Site, or any other computer system or resource;
v. Is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
vi. Which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
vii. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
viii. That harms minors in any way;
ix. That 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 offense or prevents investigation of any offense or is insulting to any other nation.
Restrictions Regarding Materials
1. All information, documents, software, images, photographs, text, services, and other similar materials (collectively, "Materials") contained in this Site is provided by CoachingSelect or its third party authors, developers, and vendors ("Third Party Providers") and are capable of being so protected are the copyrighted work of CoachingSelect and/or the Third-Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of CoachingSelect or the Third Party Provider. No part of the Site, including logos, graphics, sounds, or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of CoachingSelect. You also may not, without CoachingSelect prior express written permission, "mirror" any Materials contained on this Site on any other server.
2. Nothing on this Site shall be construed as conferring any license under any of CoachingSelect or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
3. Permission is granted to display, copy, distribute and download CoachingSelect Materials on this Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if You breach any of these Terms. Upon termination, You will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, and other related laws and may have various legal consequences.
4. Materials provided by Third Party Providers have not been independently authenticated in whole or in part by CoachingSelect. The Site does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by CoachingSelect. CoachingSelect is committed to respecting others' intellectual property rights, and we ask our users to do the same. CoachingSelect (hereinafter referred to as "We") may, in its sole discretion, terminate or restrict the access rights of users who infringe or otherwise violate others' intellectual property rights
Disclaimer for websites that we link to
We use our best endeavours to ensure that:
· the websites/apps we select for inclusion in the Site work, and continue to work properly;
· their content remains acceptable and useful; and
· their operation will not be injurious to our users' devices.
We explicitly disclaim, and will not accept any responsibility for any of the following in respect of the sites that we link to:
· Infection by computer viruses
· Damage caused by downloaded software
· Technical problems, failures, and speed of operation
· Libelous or illegal material
· The quality or truth of any material, or advice that is offereds
Privacy
The Privacy Policy of the Site explains how we may use Your personal data, we will at all times respect and ensure adherence to the privacy policy, additionally, various settings are provided to help You can control the manner in which others may be able to view Your information as chosen by You to be displayed on Your profile and the manner in which You may have chosen to be contacted. Any feedback provided by a user shall be deemed as non-confidential to the user.
Terms of conditions specific for educational institutions/Coachings etc. (as applicable):
· You will comply with all applicable data protection laws in relation to the processing of personal data, and not process personal data in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy, and these terms and conditions
· You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the CoachingSelect against unauthorized or unlawful processing and accidental loss, destruction, damage, alteration, or disclosure
· You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable under GDPR or any other privacy law as applicable) in an expeditious and compliant manner
· You agree that the responsibility for complying with a data subject request lies with the Party which holds/processes the Personal Data collected/shared
· You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from the CoachingSelect to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data.
· You shall retain or process shared Personal Data for no longer than is necessary to carry out the agreed purposes.
The site and the educational institutions etc. (as applicable) would act as independent controllers in their respective capacity. For more details please visit the data protection amendment
Payment terms
YOU ARE REQUESTED TO HONOUR YOUR PAYMENT OBLIGATIONS TO THE CoachingSelect.
Payments for the services offered by the Site shall be on a 100% advance basis. The payment for service once subscribed to by you is not refundable and any amount paid shall stand appropriated. Refund, if any, will be at the sole discretion of the CoachingSelect.
User hereby irrevocably accepts to receive the tax invoice as a soft copy through emails.
Notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the CoachingSelect (service provider) is to provide access of its online portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon the CoachingSelect
The CoachingSelect offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts.
In the event of any suspension or termination of services on account of non-compliance with these Terms of Use, any payment made to the CoachingSelect by you shall stand forfeited with immediate effect.
The User acknowledges and agrees that CoachingSelect/Site, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount excess paid by a subscriber/user against any amount(s) payable by User to CoachingSelect under any other agreement or commercial relationship towards other products/services. The CoachingSelect gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only.
The User or customer shall be required to promptly provide a copy of the TDS certificate to the CoachingSelect as mandated under the law for tax deducted at source from the payments made to the CoachingSelect. Any loss on account of non-availment or disallowance of such TDS credit in view of any lapse as per this clause or as required under applicable law on the part of User or customer shall entitle the CoachingSelect to seek reimbursement or indemnification
Users, buying the products online are redirected to third-party gateways for completing payment transactions. These transactions happen on a third-party network and are hence not controlled by CoachingSelect.
A User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards/debit cards or such other forms of instruments or documents for making such transactions and CoachingSelect assumes no responsibility or liability for their improper use of information relating to such usage of credit cards/debit cards used by the subscriber online / off-line
The CoachingSelect shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and/or information relating to or regarding online transactions using credit cards/debit cards and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise
Disclaimer of warranty
The CoachingSelect expressly disclaims warranties of any kind for any use of or any access to the Site, to any material, information, links, or content presented on the web pages at the Site, to any external website linked thereto, and to any external material, information, links, or content linked thereto. The Site, and any material, information, links, and content presented on the web pages at the Site, as well as any external website and any external material, information, links, and content linked thereto, are provided on an "as is" basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or non-infringement. The CoachingSelect has no control over any external website or over any external material, information, links, and content linked to the Site. Certain jurisdictions do not permit the exclusion of implied warranties and the foregoing exclusions of implied warranties may not apply to You. The Site and its internal web pages may be unavailable for online access from time to time and at any time; there are no guarantees and no warranties of online availability, impressions, and click-throughs. The entire risk as to the performance of, or non-performance of, or arising out of the use of, or the access of, or the lack of access to the Site, to any material, information, links, or content presented on the web pages at the Site, to any external website linked thereto, or to any external material, information, links, or content linked thereto, is borne by the user, visitor, customer, or another person.
Content and liability disclaimer
Site is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
CoachingSelect shall not be responsible for any errors or omissions contained on any CoachingSelect website and reserves the right to make changes anytime without notice. Mention of non-CoachingSelect products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by CoachingSelect. All CoachingSelect and third-party information provided on any CoachingSelect Site is provided on an "as is" basis.
Views expressed by the users are their own, CoachingSelect does not endorse the same. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading. In case any inaccuracy is or otherwise, improper content is sighted on the Site, please report it to report abuse
This Site could include unintended inaccuracies or typographical errors. CoachingSelect and the third-party providers may make improvements and/or changes in the products, services, programs, and prices described on this Site at any time without notice. Changes are periodically made to the Site.
The material, information, links, and content presented on and by this Site is of a general nature only and is not intended to address the specific circumstances, requirements, or any other needs of any particular individual or entity. It cannot be guaranteed that the material, information, links, and content presented on and by this Site is comprehensive, complete, accurate, sufficient, timely, or up to date for any particular purpose or use. The material, information, links, and content presented on and by this Site should not be considered as professional, legal, business, financial, investment, or purchasing advice (if You need specific advice, You should always consult a suitably qualified professional). This Site is sometimes linked to external Sites over which CoachingSelect has no control and assumes no responsibility, and is in no way acting as a publisher of material, information, links, and content contained on external linked websites. Links may become invalid, may expire, or may become misdirected at any time. Links are provided as a convenience and do not necessarily constitute, signify, or otherwise imply an endorsement by, or an endorsement for, or a relationship with, or connection to CoachingSelect. The statements expressed on externally linked websites are not those of CoachingSelect; and users are advised that CoachingSelect does not maintain editorial control over externally linked websites or determine the appropriateness regarding the material, information, links, and content contained on external linked websites. CoachingSelect has no control over any external website or over any external material, information, links, and content linked to the Site
License disclaimer
Nothing on any CoachingSelect website shall be construed as conferring any license under any of CoachingSelect or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.
'CoachingSelect' DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY 'CoachingSelect' SITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Disclaimer of online availability, impressions, and click-through
In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of the website, its web pages, the Application, and any material, information, links, or content presented on the web pages that may be accessible through the Site. The site reserves the right although it is under no obligation to ensure that advertising sponsors and advertising must be approved by CoachingSelect before the posting of any advertising material, information, links, content, banners, and graphics on the Site, however, the same may be reported by contacting us. Any advertising should be related to interactive digital television and related subject areas. CoachingSelect reserves the right to accept or to reject any advertising sponsor or any advertising for any reason.
Purchasing and Ordering Disclaimer
Make Your own decisions:
If You are making or planning to make any decision, whether personal or business decisions, based on the content on the site, You should conduct an independent verification before making Your important decision. In the case of any listings or banners displaying any content related to any educational products, You may contact the institution/individual directly. All decisions made would be entirely Your prerogative and CoachingSelect does not claim to offer any advice, either legal or financial. CoachingSelect doesn't take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its Site by its customers, which are strictly in the nature of the sale of space by Site& it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings.
READ THESE TERMS.
IN PURCHASING/SUBSCRIBING TO A PRODUCT/SERVICE OFFERED ON THIS SITE YOU ARE ADVISED TO READ THESE TERMS CAREFULLY BEFORE PROCEEDING FURTHER. YOU HEREBY UNDERSTAND AND AGREE TO THE TERMS BELOW. IF YOU DO NOT UNDERSTAND AND AGREE WITH THESE TERMS THEN DO NOT PLACE AN ORDER FOR A PRODUCT/SERVICE.
PRICING.
ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURATE PRICING OF THE PRODUCTS/SERVICES FEATURED ON OUR SITE. IN THE EVENT A PART OR ACCESSORY IS ORDERED AND THE LISTED PRICE HAS CHANGED, YOU WILL BE NOTIFIED PRIOR TO OUR PROCESSING YOUR ORDER.
PURCHASE "AS IS."
ALL PRODUCTS/SERVICES ARE PROVIDED BY THE CoachingSelect ON "AS IS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FROM THE CoachingSelect, INCLUDING WITHOUT LIMITATION NO WARRANTIES AS TO THE NATURE AND QUANTUM OF RESPONSES TO ANY BANNER OR LISTING DISPLAYED ON THE SITE.
Your responsibility; damage limits.
YOU HAVE SOLE RESPONSIBILITY FOR THE USE OF THE PRODUCTS/SERVICES YOU PURCHASE THROUGH THIS SITE. IN NO EVENT SHALL COCHINGSELECT.COM BE LIABLE TO YOU IN RELATION TO THE PRODUCTS/SERVICES, OR YOUR USE, MISUSE, OR INABILITY TO USE THE PRODUCTS, FOR ANY (1) INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE); OR (2) DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU PAID THE CoachingSelect FOR THE APPLICABLE PRODUCT/SERVICE.
Indemnification
BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS CoachingSelect, ITS DIRECTORS, OFFICERS, EMPLOYERS, AGENTS, SUBSIDIARIES, AFFILIATES, AND OTHER PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SITE INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY YOU OR ANY OTHER MATTER RELATING TO THE SITE. ANY REFERENCE TO DUTIES AND TAXES ETC IN THESE TERMS OF USE SHALL INCLUDE GOODS AND SERVICES TAX (HEREIN REFERRED TO AS GST). ANY ADDITIONAL TAX LIABILITY ARISING ON ACCOUNT OF GST (WHETHER ON ACCOUNT OF AN INCREASE IN RATE OR ANY OTHER CHANGE UNDER THE TAX REGIME) WOULD BE RECOVERED OVER AND ABOVE THE AGREED CONTRACT PRICE / SERVICE FEE.
Limitation of liability
In no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall CoachingSelect be liable, without limitation, for any damages whatsoever, including direct, indirect, incidental, consequential, or punitive damages, arising out of any access to or any use of or any inability to access or use this Site including any material, information, links, and content accessed through this Site or any linked external website/application.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the CoachingSelect (service provider) is to provide access of its online portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon CoachingSelect.
Taxes
ANY REFERENCE TO DUTIES AND TAXES ETC IN THESE TERMS OF USE SHALL INCLUDE GOODS AND SERVICES TAX (“GST) OR VALUE-ADDED TAX (VAT) AS PER LOCAL JURISDICTION OR ANY OTHER SIMILAR TAX OR DUTY, BY WHATEVER NAME CALLED (HEREIN REFERRED AS GST) AND SHALL BE CHARGED IN ADDITION TO THE BASIC AMOUNT, IN ACCORDANCE WITH RESPECTIVE LAWS & REGULATIONS.
YOU ARE REQUIRED TO PROVIDE TRUE & CORRECT INFORMATION AS REQUIRED UNDER TAX LAWS, INCLUDING BUT NOT LIMITED TO SEZ UNIT OR USAGE THEREIN & IEIL SHALL BE ENTITLED TO CONSIDER ANY INFORMATION AVAILABLE AS PER ITS RECORDS TO BE CORRECT & TRUE & DISCHARGE ITS TAX OBLIGATIONS ACCORDINGLY. IN CASE OF ANY DISCREPANCY OR CHANGE, THE USER IS REQUIRED TO PROMPTLY INTIMATE THE CORRECT OR UPDATED PARTICULARS TO THE CoachingSelect. THE CoachingSelect SHALL BE ENTITLED TO SEEK INDEMNIFICATION FROM USERS IF IT IS REQUIRED TO PAY ANY TAX, DUTY, FEE, INTEREST OR PENALTY IN VIEW OF INCORRECT OR INCOMPLETE INFORMATION OR DATA FURNISHED BY USER OR NOT GOT RECTIFIED/ UPDATED BY USER TIMELY.
Termination/Suspension
CoachingSelect may, without notice in its sole discretion, and at any time, terminate or restrict Your use or access to the Site (or any part thereof) for any reason, including, without limitation, that the CoachingSelect based on its judgement and perception believes You have violated or acted inconsistently with the letter or spirit of these terms of use.
Miscellaneous
Amendment to these Terms
CoachingSelect RESERVES ITS RIGHT TO AMEND / ALTER OR CHANGE ALL OR ANY DISCLAIMERS OR TERM(S) OR CONDITION(S) OF AGREEMENTS AT ANY TIME WITHOUT ANY PRIOR NOTICE.
Businesses, environment, and technology evolve and in order to accommodate the changing nature of the environment in which we operate as well to provide for any additional features that may be introduced in the future, these Terms may need modifications or additions. Such modifications or additions shall be effective immediately upon posting of the modified Terms of Use on the Site.
You are advised to review the modified Terms of Use periodically to be aware of such modifications or additions and your continued access or use of the Site, shall be deemed conclusive proof of your acceptance of these Terms of Use, as amended/modified from time to time
Dispute Settlement
If any dispute arises between a user/users and CoachingSelect arising out of the use of the Site or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of these Terms, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the CoachingSelect. The decision of the arbitrator shall be final and binding on both parties to the dispute. The place of arbitration shall be Jaipur (Rajasthan), India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.
The CoachingSelect will not be a party to any legal proceedings between a User (e.g. a subscriber) and a party contacted through the site. In case CoachingSelect is made a party in any legal proceedings, costs will be recovered from the party on whose behest the CoachingSelect is involved in the matter, to which it otherwise has no control. CoachingSelect however will abide by any court order served on it through due process.
Local Laws
You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries while consuming the information and the services as available through the Site.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the Republic of India. The exclusive forum for any disputes arising out of or relating to these Terms shall be a court of law located in Jaipur (Rajasthan), India.
Entire Agreement
These terms of use as amended from time to time constitute the entire agreement between You and CoachingSelect regarding the Site. These Terms supersede all terms and conditions contained in any purchase order, order acknowledgment form, invoice, or other business form submitted by You.
No advertisements, catalogues or other publications or statements, whether written or oral, regarding the performance of the Site permitted under these Terms shall form part of these Terms.
Severability
VOID PROVISIONS SHALL HAVE NO EFFECT ON THE VALIDITY OF OTHER PARTS OF THESE TERMS OF USE
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.
Assignment and Delegation
You may not assign or delegate Your rights under these Terms or the limited license that has been extended to You, and any assignment and/or delegation of these Terms or any sub-licensing by You will be null and void, in case any case of this nature is brought to our notice in addition to any other remedies that we may have under the law, we reserve our rights to claim damages and seek an injunction against You.
Availability of Services
Services are provided on a best efforts basis on an AS IS and AS AVAILABLE basis, all are on a best efforts basis, however, there are no server uptime guarantees.
Any regulations, guidelines, legislation, or lawful orders of a court or a quasi-judicial body may require us to change alter or stop our services. Similarly, any force majeure events which are beyond our reasonable control may cause an interruption in the services.
Data Protection Amendment
In line with General Data Protection Regulation, the below-mentioned obligations are drafted which will apply to both parties
1. Definitions
For the purposes of the clauses:
· “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC
· The “data exporter” shall mean the controller who transfers the personal data;
· The “data importer” shall mean the controller who agrees to receive from the data exporter personal data for further processing in accordance with the terms of these clauses and who is not subject to a third country’s system ensuring adequate protection;
· “Clauses” shall mean these contractual clauses, which are a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements
· “Data Protection Legislation” means the GDPR for as long as it is directly applicable in the European Union and any national implementing laws, regulations, and secondary legislation, as amended or updated from time to time, in India, and then any successor legislation.
· “Data Subject” means a data subject as defined by the Data Protection Legislation.
· “Personal Data” means personal data as defined by the Data Protection Legislation.
Note: The terms “data exporter” and “data importers” are strictly for use within the context of this amendment which should be interpreted only as defined above, and do not carry the same meaning as defined under any other regulations.
2. Obligations of the data exporter
The data exporter warrants and undertakes that:
a. The personal data have been collected, processed and transferred in accordance with the laws applicable to the data exporter.
b. It has used reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.
c. It will provide the data importer, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is established.
Obligations of the data importer
The data importer warrants and undertakes that:
a. It will have in place appropriate technical and organizational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
b. It will have in place procedures so that any third party it authorizes to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorized or required by law or regulation to have access to personal data.
c. It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the data exporter (which will pass such notification on to the authority where required) if it becomes aware of any such laws.
d. It will process the personal data for purposes described in the privacy policy and terms and conditions and has the legal authority to give the warranties and fulfill the undertakings set out in these clauses.
e. It will identify to the data exporter a contact point within its organization authorized to respond to inquiries concerning the processing of the personal data and will cooperate in good faith with the data exporter, the data subject, and the authority concerning all such inquiries within a reasonable time.
f. It will not disclose or transfer the personal data to a third-party data controller without ensuring that adequate and equivalent safeguards to the Personal Data.
Law applicable to the clauses
These clauses shall be governed by the law of the country in which the data exporter is established.
Resolution of disputes with data subjects or the authority
a. In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims and will cooperate with a view to settling them amicably in a timely fashion.
b. The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation, or other dispute resolution proceedings developed for data protection disputes.
c. Each party shall abide by a decision of a competent court of the data exporter’s country of establishment or of the authority which is final and against which no further appeal is possible.
Termination
a. In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.
b. In the event that:
i.the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to paragraph (a);
ii.compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;
iii. the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;
iv. a final decision against which no further appeal is possible of a competent court of the data exporter’s country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or
v. a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding-up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a CoachingSelect voluntary arrangement is commenced by it, or any equivalent event in any jurisdiction occurs
then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses, in which case the authority shall be informed where required. In cases covered by (i), (ii), or (iv) above the data importer may also terminate these clauses.
c. Either party may terminate these clauses if (i) any Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC (or any superseding text) is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the data importer, or (ii) Directive 95/46/EC (or any superseding text) becomes directly applicable in such country.
d. The parties agree that the termination of these clauses at any time, in any circumstances, and for whatever reason (except for termination under clause VI(c)) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.
Description of the Transfer
The details of the transfer and of the personal data are specified in the Privacy policy and terms and conditions.
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