In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
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 CHRMP Academy.
The Software-as-a-Service `CHRMP Academy` (hereinafter referred to as `SAAS`) is owned by Ripples Learning & Research Private Limited bearing the registered address WeWork Salarpuria Symbiosis, Arekere Village, Begur Hobli, Bannerghatta Road, Bengaluru Bangalore KA 560076, India (hereinafter referred to as `Company`).
For the purpose of these Terms of Service, wherever the context so requires the term `You`/ `User` shall mean any natural or legal person who has accessed this SAAS through a browser and provided Registration Data while registering on the SAAS to use its services. Any services provided by the SAAS which do not require registration do not absolve You of the contractual relationship established by this Agreement.
By viewing, accessing and using the SAAS You are bound by these Terms of Service and any other binding document as decided by the Company. You are requested to read them carefully before accepting the same and moving forward to using the SAAS.
The term `We`/ `Us`/ `Our` shall mean CHRMP Academy and Our Company. The use of this SAAS by You is solely governed by this Terms of Service and any other terms or policies published by Us. Moving past the home page of the Website where you can access the SAAS and using any of the services shall be taken to mean that You have read and agreed to all of the terms and conditions so binding on You as laid down in these terms.
You will be subject to the rules, guidelines, policies, terms, and conditions as applicable to any service that is provided by this SAAS, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. We hold the sole right to modify the Terms of Service without prior permission from You or informing You.
This relationship with Us creates on You a duty to periodically check the terms and stay updated with its requirements. If You continue to use the SAAS following such a change, this is deemed as consent by You to the so amended policies by Us. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the SAAS. By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia the Privacy Policy, which also, would be amended from time to time.
The membership/usage of the SAAS is restricted to those above 18 years of age, or to such group that can be termed to have attained ‘majority’ under the laws of the respective jurisdictions where the SAAS is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. For sake of clarity, this includes legal persons like various business entities and organizations.
Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.
Further, You are solely responsible for protecting the confidentiality of Your username and password and any activity under Your account will be deemed to have been done by You. In the case that You provide us with false and inaccurate details or the Company has reasonable reasons to believe You have done so, We hold the rights to suspend Your account and/or terminate this Agreement without being held liable for the same.
You understand the SAAS viewed and accessed through a browser on Your PC, laptop phone or tablet is owned by Us and We may automatically upgrade the SAAS and these Terms shall apply to the upgrades as well.
By using this SAAS, it is deemed that You have consented to receiving calls, auto-dialled and/or pre-recorded message calls, from Us at any time with the use of the telephone number that has been provided by You for the use of this SAAS, subject to the Privacy Policy. This includes contacting You through information received through other parties as well as contacting other parties through the information You provide to Us. The use of this SAAS is also Your consent to receive SMSes from Us at any time We deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case You wish to stop contact with Us for the same, You may send Us a mail to the effect at [email protected].
You may also be contacted by Third Party Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under other agreements, contracts and policies followed by Us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.
The sharing of the information provided by You will govern by the Privacy Policy. We will not give out such Your contact information to third parties not connected with Us and the services offered by Us, and/or for any purpose not in furtherance of the activities and aims of the Company. Please refer to the ‘Privacy Policy’ for more information.
The services provided by SAAS are provided on mutually agreed charges and the majority of the SAAS can be accessed only through a paid account. You hereby understand the charges maybe amended at anytime in the discretion of the Company but We shall duly notify You and seek Your views on the same.
For the purpose of this section, Buyer would include any User choosing to use the services offered on our SAAS. Seller means Us/Website/Company.
While availing any of the payment method/s available for the usage of SAAS, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
The following payment methods are available: Credit Card, Debit Card, Cash, Cheque and Bank Transfer.
All payments made against the services by the SAAS by You shall be compulsorily in Indian Rupees. The SAAS will not facilitate transaction with respect to any other form of currency.
We reserve the right to impose limits on the number of Transactions or Transaction Price which We may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
We reserve the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
We may do such checks as it deems fit before approving the receipt of Transaction Price from the Buyer for security or other reasons at Our discretion. As a result of such check if We are not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of Transaction Price.
We may delay notifying the payment confirmation, if we deem it suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, We may hold Transaction Price or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer acknowledges that We will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond Our control.
The content on the SAAS which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as `Content`). The Website and SAAS may contain links to/ content of third party websites and softwares that are not associated with Us. We have no control over any third party user generated content as We are merely an intermediary for the purposes of those content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and We shall not be liable. You may send as an email at [email protected] to report any such content.
Other than when expressly allowed, any use of Our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
The content that You upload or post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content unless it is Your data mutually deemed confidential. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content You provide and are not entitled to any payment or other compensation for such Use. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this SAAS, or stored on Our servers, or hosted or published upon this SAAS. You also understand that all information You provide shall be shared with other Users for facilitating the provision of services through this SAAS including preparation of reports, data and research as well to other customers of Yours and other Users for their business.
Those posting any form of User content on the SAAS must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the SAAS, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy.
We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
In case any content is considered to be unlawful or against the law within any jurisdiction in which Our SAAS can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
You are a restricted user of this SAAS.
While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the SAAS or by Us.
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation, to monitor the material posted on the SAAS. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SAAS. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the SAAS. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
The User of the SAAS shall comply with all the applicable laws including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS SAAS IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, RESULTSLAB MAKES NO WARRANTY THAT:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. RESULTSLAB ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SAAS IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE SAAS ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS SAAS/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE SAAS, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SAAS, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Without prejudice to our other rights under these Terms of Use, Your rights under the Agreement may automatically terminate without notice if You fail to comply with its terms. If You do not comply with the terms, We have the right to take any action We deem appropriate. We may terminate the Agreement or restrict, suspend or terminate Your access to the website or Your Use of the Service at Our discretion without notice at any time and/or bringing court proceedings against You, including if We determine that Your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service or of a Third Party.
Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the SAAS/ Company must be filed in Bangalore, India within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of the SAAS/ Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the SAAS/Company, and all other provisions for which survival is equitable or appropriate.
In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy, these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
The content on the Website and SAAS is general in nature and summarized, and is provided for informational purposes only. The content of the Website and SAAS, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.
We do not assure any liability for the contents of any material provided on the SAAS. Reliance on any information provided by us, other visitors to the SAAS is solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Site.
You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your information, in any media now known or not currently known, with respect to Your information to enable Us to use the information for the purpose of providing the Services.
You release and indemnify Us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the SAAS and specifically waive any claims that You may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the SAAS after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this SAAS prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company or any of their assets.
We hereby reserve the right to block usage of the SAAS if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
