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TERMS OF USE

TalentServ Sports Private Limited (“TalentServ”, “we”, “us” and terms of similar meaning) is the owner of the domain name ‘AcadWare’ and provides the website and the mobile application ‘AcadWare’ (“Digital Platform”) to you, subject to these Terms of Use and the www.acadware.com/privacy-policy.

These Terms of Use are generated by a computer system and do not require any physical or digital signatures. By accessing or using the Digital Platform, you agree to be legally bound by these Terms of Use and all terms, policies and guidelines incorporated by reference in these Terms of Use. If these Terms of Use conflict with any other document, these Terms of Use will prevail for the purposes of usage of the Digital Platform. If you do not agree with these Terms of Use in their entirety, then please refrain from using the Digital Platform.

  1. Definitions
    1. “Administrator” shall mean the subscriber, administrator and the first user of the Digital Platform, who shall be authorized to create and manage the User Accounts.
    2. “Administrator Account” shall mean the account created for the Administrator’s use and access to the Digital Platform.
    3. “Affiliate” shall mean any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control”, for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
    4. 1“Content” shall mean the content, including but not limited to text, images, audio/video files etc. shared, uploaded by the Users, Visitors and/ or the Administrator using the Digital Platform, subject to these Terms. “Content” shall also mean and include any comment, information, idea, concept, review, or technique or any other material contained in any communication that any person may send via any written or electronic medium to TalentServ or post on any public platform, including responses to questionnaires.
    5. “Device” shall mean a hardware device or product of such specifications as may be prescribed by the TalentServ, including computers, handheld devices and any other device.
    6. “Force Majeure” shall mean any events not within the reasonable control of a concerned person and which could not have been reasonably foreseeable, including without limitation, fire, flood, atmospheric disturbance, lightning, storm, typhoon, tornado, earthquake, landslide, soil erosion, subsidence, washout or epidemic or other acts of God, war (whether declared or undeclared), terrorist acts, blockade, insurrection, rebellion, mutiny, civil commotion, riot, acts of public enemies or civil disturbance, strike, lockout, or other industrial disturbance, affecting a person, any non-discriminatory acts of government, or compliance with such acts, internet, hosting service or server service failure or delay, or denial of service attack, which directly affects that person’s ability to perform its obligations, if the non-performing Party without fault is failing to prevent or causing the default or delay, and the default or delay could not have been prevented or circumvented by the non-performing Party through the use of alternate sources, workaround plans or other reasonable precautions.
    7. “Intellectual Property” shall mean (i) copyrights and derivative works in any format or media, patent rights, trade mark and service mark rights, trade names, trade secrets and know-how, the domains, the Digital Platform and all other content made available through the Digital Platform, technology used in providing the Digital Platform, moral rights, algorithms, trade dress, goodwill and other proprietary rights, and all renewals, divisions, continuations, reissues, and extensions thereof, regardless of whether any of such rights arise under the laws of any jurisdiction; (ii) intangible legal rights or interests evidenced by or embodied in any idea, design, process, technology, product, invention, discovery, improvement or information and data, (including formulae, procedures, techniques and results of experimentation and testing) that is necessary or useful, regardless of patentability; and (iii) all derivatives of any of the foregoing.
    8. “Interactive Forum(s)” shall mean such interactive platforms on the Digital Platform for close or open discussion, through which the Administrator, the Users and/or the Visitors can share and/or gain information, including chat windows, bulletin boards, blogs etc.
    9. “Law” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction or any decision of the laws of the Republic of India, or any interpretation, policy or administration of any of the foregoing, by any government authority having jurisdiction over the matter in question, applicable to these Terms.
    10. “Malicious Code” shall mean code, whether in object or source format, scripts, programs, files, agents or other tools intended to harm, hack to or intervene with an intended use of the Digital Platform, including, viruses, time bombs, malware, spyware, worms, trojan horses or other malicious or disruptive code.
    11. “Service” or “Services” shall mean the services offered under the Digital Platform (including the mobile application) and made available by TalentServ, but excluding any content or applications not provided or created by TalentServ.
    12. “Terms” shall mean these Terms of Use in connection with the access and use of the Digital Platform read with the Privacy Policy and includes all amendments and/or modifications made thereto from time to time.
    13. “User” shall mean the Administrator and/ or any person authorized by the Administrator for accessing the Digital Platform by logging in to the User Account, being the Administrator’s employees, coaches/trainers, trainees and/or their family members, merchants or any other person, who shall have limited access to the Services, as may be set out by the Administrator.
    14. “User Account(s)” shall mean the accounts created by the Administrator under and in connection with the Administrator Account for the Users, while giving each User a limited access with respect to using the Services and/or content transmission and other rights as may be designated by TalentServ, through the Administrator Account.
    15. “Visitor” shall mean anyone who is viewing, navigating or accessing the Website.
    16. “Website” shall mean the website https://acadware.com owned and managed by TalentServ.
  2. Eligibility for Use
    1. These Terms are applicable to you, whether you are a Visitor, a User or the Administrator.
    2. In order to use the Digital Platform, you need to (a) be 18 years or older; (b) have the power to enter into a binding contract with us and are not barred from doing so under any applicable law. By registering to and/or installing the Digital Platform, you represent to TalentServ that you are competent to use the Digital Platform.
    3. Our policy is to prohibit children under the age of 18 from independently accessing, registering, or using any of the Services without the guidance, supervision and consent of their parents or guardians. The parents shall ensure that the minor User shall access the Digital Platform only under their guidance, and only if they can understand their rights and responsibilities as stated in these Terms. For parents and guardians, you assume the responsibility for complying with the provisions of the applicable Laws.
    4. You may not access the Digital Platform if you are our direct competitor, or are, either directly or indirectly involved in the design, manufacturing, development, marketing or distribution of any products or providing any services similar to or substitutable to AcadWare.
    5. IF YOU REGISTER FOR A FREE TRIAL, THESE TERMS ALSO SHALL BE APPLICABLE TO THAT FREE TRIAL.
  3. Law Applicable to the Terms
    The Terms are published in compliance of, and are governed by the provisions of Indian law, including but not limited to:

    1. the Indian Contract Act, 1872;
    2. the (Indian) Information Technology Act, 2000; and
    3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
  4. Changes to the Terms
    We reserve the right to change or modify any portions of these Terms, or any policy or guideline applicable to the Digital Platform and/or the Services, at any time. If you do not agree with such changes, you may cancel the Administrator Account/ User Account with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Digital Platform, and your continued use of the Services after such posting will constitute your acceptance of such changes or modifications. Any new features or tools which may be added to the Services shall also be subject to the Terms.
  5. Services
    1. The Digital Platform is an online platform that supports and facilitates its users to gain access to academies, centers and related facilities, as are enlisted on this Digital Platform and provide services thereto, including but not limited to payment acceptance , daily attendance capture, student performance tracking, online fees payment , communication between academy and students, parents and any other third-party associated with us in providing the Services, through the Digital Platform.
    2. To use the Services, the Administrators and/ or their employers are required to have established their own academy, and have their business information including the coaching/ training provided, number of coaches/ trainers, batch timings, fee plans, updates and such other information as may be required on the Digital Platform. Thereafter, the Administrator shall add academy staff, trainees and/or the parents as Users to the Digital Platform along with the email address. The Users will be notified through email after which they will be able to register themselves and use the Digital Platform. The Users will get access to their respective User Accounts and features provided in the Digital Platform. Parents will also be able to pay fees for students through the payment options and/or gateways enlisted on the Digital Platform. Upon receipt of payments, we shall immediately provide you with a system-generated confirmation of the payment. Please refer our detailed pricing and refund terms as stated hereunder for clarity on any queries with respect to the same. Any error or omission of any information that we publish through the Services shall be subject to correction.
    3. You acknowledge that, although the internet is often a secure environment, there might be interruptions in service or events beyond our control and any data, while its transmission on the internet may be lost. While it is our objective to make the Digital Platform accessible at all times, the Digital Platform may become unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of TalentServ, access to the Digital Platform may be interrupted, suspended or terminated from time to time. We have the right to change or discontinue any aspect or feature of the Digital Platform from time to time, including, but not limited to, the content, hours of accessibility and equipment needed for access or use. Further, we may discontinue disseminating any portion of information or category of information or may change or eliminate any transmission method and transmission speeds or other signal characteristics. We reserve the right to remove or edit contents on the Digital Platform and/or limit or refuse accessibility to the Digital Platform, without any notice to you.
  6. Creation and Security of Account
    1. For becoming an Administrator of the Digital Platform, you will be required to register and create the Administrator Account with us. Upon creation of the Administrator Account, the Administrator shall have the authority to create permitted number of User Accounts and perform certain administrative functions relating to the Users including adding Users by registering User Accounts, removing any User, widening or limiting their use of the Digital Platform and suspending or terminating their access to the User Account. The Administrator shall give each registered User a unique ID and password for accessing the Services. You may also login to the Digital Platform using other login credentials (Email account, Facebook account or mobile number) and passwords.
    2. Each User will be required to have a separate User Account linked to the Administrator Account and the Administrator is required to ensure that each User, irrespective of whether the Administrator’s employee/ trainee/ trainer or not, is in compliance these Terms and to obtain their consent to be bound by these Terms prior to the use of the Services. The Administrator understands that a violation of these Terms by any User may result in the suspension or termination of such User’s individual account and/or the Administrator Account and access to the Services.
    3. The Administrator may establish his/her own rules for the Users’ access and use of the Services. Any such rules shall only affect the relationship between the Administrator and the Users and must be at least as restrictive as these Terms. Without limiting the foregoing, the Administrator is responsible for determining and obtaining any permission from the Users, necessary to enable the Administrator to perform the administrative functions available through the Administrator Account and enforce any such rules. The Administrator will prevent unauthorized use of the Administrator Account. You agree to immediately notify us of any unauthorized use of or access to the Services.
    4. The Administrator shall be responsible for (a) administering all Users’ access through the Administrator Account; (b) maintaining the confidentiality of the password of the Administrator Account and each User Account; (c) maintaining accurate and current account and contact information for the Administrator Account and each User Account; (d) ensuring that all use of the Administrator Account and each User Account complies with this Agreement and applicable Law; and (e) all activities that occur under the Administrator Account.
  7. Free Trial
    Any data you enter into the Services, and any customizations made to the Services by or for you during your free trial, will be permanently lost unless you purchase a subscription to the Services or purchase the upgraded Services, before the end of the trial period. You cannot transfer data entered or customizations made during the free trial to a service that would be a downgrade from that covered by the trial; therefore, if you purchase a Service that would be a downgrade from that covered by the trial, you must export/ copy your data before the end of the trial period to such downgraded Service, or your data will be permanently lost. During the free trial, the Services are provided “as is” without any warranty.
  8. License
    1. The license to use and access the Services is a limited, worldwide, non-exclusive, revocable license to download, access and use the Services to make personal, non-commercial use of the Services and to share information through the Services. The Services are licensed and not sold to you, and we retain the sole ownership of the Services. We may assign this license or any part of it without restrictions. You may not assign this license or any part thereof, nor transfer or sub-license your rights under this license, to any third party.
    2. You agree that you will not:
      1. reverse-engineer, decompile, disassemble, modify or create derivative works based on the Services or any part thereof;
      2. reproduce, duplicate, copy, sell, resell, or exploit, any portion of the Services, use of the Services, or access to the Services;
      3. collect or store data about other people using the Services;
      4. use any device, software or routine to interfere or attempt to interfere with the proper working of the Digital Platform;
      5. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Digital Platform;
      6. use the Services in any manner other than as expressly authorized in the Terms;
      7. circumvent any technology used by Services, its licensors, or any third party to protect the Content accessible through the Services;
      8. remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Services and must reproduce such copyrights, trademarks or other intellectual property notices on all copies explicitly permitted to be made, if any; and
      9. transfer the materials to another person or “mirror” the materials on any other server.
    3. These Terms are not intended to grant rights to anyone except you, and in no event shall these Terms create any third party beneficiary rights. Any failure to enforce these Terms or any provision thereof shall not waive our right to do so. Use of the Services beyond the scope of these Terms immediately terminates any permission or license granted herein
  9. Fees and Charges
    1. Fees and any other charges for the use of the Services are described on the Website. The fees charged by us are according to the Services rendered by us. The fees for the Services stated are in Indian Rupees and are exclusive of all applicable taxes, the details of which are provided, and are updated from time to time on the Digital Platform beforehand. All purchased Services and the paid fees are non-cancellable and non-refundable. Account access for any Administrator Account and User Accounts will be suspended upon expiration of the subscription term of an account, unless renewed by the Administrator by paying renewal charges. In the event any renewal charges are paid by the Administrator, we will renew such User Accounts.
    2. If the fees for the Services or any part thereof change, your continued use or access of the Services after the change indicates your agreement with the new applicable fees and charges after the effective date of the change. Any change to the fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees and charges in the applicable jurisdiction.
    3. You agree that: (i) you will fulfill your obligation to pay the fees by the date on which payment is due and all applicable taxes thereof (time is of essence); (ii) any payment information that you provide is true and accurate; (iii) we have the permission to retain the payment information, including the debit and credit card information submitted by you or your issuing bank; and (iv) we are authorized to charge upon you the fees for the Services using the payment method and the information provided by you that is stored in your account as of the applicable date for payment. We will issue an invoice on or shortly after the date on which the Service is purchased and on any periodic basis as provided on the Digital Platform. Any invoice that remains unpaid 15 days after the invoice date is considered delinquent. You further agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs that we incur as a result of your failure to pay on a timely basis. If you purchase a Service that renews automatically, such as monthly, quarterly, bi-annually or annually, you agree that we may process the payment method opted by you on any renewal term (based on the applicable billing cycle), on the calendar day corresponding to the commencement of the Service, as applicable. In addition, you agree that we have the permission to retain and/or share with financial institutions and payment processing firms, information regarding your purchase and the submitted payment information in order to process the purchase.
    4. We have customized pricing according to the Services rendered by us. You will be able to book and/or register for a Services only on advance payment of the associated fees to the Services selected by you. The payment shall be made only through the payment gateways and modes enlisted on the Digital Platform.
    5. The Services availed by you, which you have made payment for, are subject to availability, and we reserve the right to cancel all or any part of the Services and to discontinue making certain Services available through the Digital Platform without any prior notice. Please note that except for the circumstances mentioned hereunder, you will not be refunded any amounts paid to us:
      1. in the event TalentServ is unable to confirm the Services; or
      2. if the User is not willing to opt for any alternate Services suggested by TalentServ.
  10. Intellectual Property
    1. You acknowledge and agree that the ownership of the Intellectual Property is protected by rights, including copyrights, trademarks and other applicable Law in India. All these rights are either owned by us or licensed to us by the rights owner(s) for use with the Services or otherwise used by us as permitted by applicable Law and various other national and international Intellectual Property rights laws and regulations.
    2. The Services are intended for the individual, personal and non-commercial use by the Administrator, the Users and the Visitors only. Accordingly, you may print and download extracts from the Digital Platform for your own personal, non-commercial use, provided that any material copied remains intact and includes the notice that all copyrights in the printed content are reserved for TalentServ Sports Private Limited. Any other copying, distribution, storing, framing or transmission of any kind or any sort of commercial use of the material used in the Services or available on the Digital Platform are strictly prohibited without our express written consent.
    3. Other than the rights expressly granted to you under the Terms, we shall retain and own all right, title and interest in and to the Services, software programs, source codes documentation, updates, upgrades all derivatives thereof, and all rights in the Intellectual Property in all of the foregoing.
    4. We expressly reserve all Intellectual Property rights in all text, programs, products, processes, technology, software, compilation of all and other content, trademarks, including the mark “AcadWare” which appears on the Digital Platform. Reproduction in whole or in part of the same is strictly prohibited without the express written permission of TalentServ.
    5. We are not liable for any infringement of copyrights, trademarks, or other proprietary or Intellectual Property rights arising out of content posted on or transmitted through the Digital Platform, or items advertised on the Digital Platform, by our other users. Further, you agree not to download any material or content from the Digital Platform.
    6. We are free to use the Content, without any compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Digital Platform. By posting any Content on the Digital Platform, you grant to us, a perpetual, worldwide, exclusive, royalty-free irrevocable, sub-licensable license and all rights of whatsoever nature in such Content, including the right to display, use, reproduce or modify the Content in any media, software or technology of any kind now existing or developed in the future. You undertake that any and all Content posted by you shall be your original work, or you will ensure that you have the legal right to use such work and have the requisite approvals for using or permitting the uploading of such works by us. If you wish to preserve any interest you might have in your Content, you should not post them on the Digital Platform in any manner.
  11. Limited License for Content
    If you are a Administrator and enter or allow any User to enter information in relation to any trainee, event, coaching timings, attendance of trainee or anything in relation to the academy, we need your license to that Content to use it in the operation of the Services, and we need the right to sublicense that Content to any third party for that purpose. Therefore, by posting or distributing any information or Content including audio/video files to or through the Services, you

    1. grant TalentServ and its Affiliates, a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such Content, in the manner and for the purposes for which the Services from time to time use such Content;
    2. represent and warrant that:
      (i) you own and control all of the rights to the Content posted or otherwise distributed on the Digital Platform, or you otherwise have the lawful right to post and distribute the same; and
      (ii) the use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. If your Content is intended for the use of other users or visitors of the Digital Platform, you also grant us and our Affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such Content to such Users and/or Visitors for their use and benefit in connection with their use of the Services. You may use the posted Content elsewhere. Our rights to “modify, adapt, translate, and create derivative works” are necessary because the normal operation of the Services does this to your Content when it processes it for their use in the Services.
  12. Use of Interactive Forums
    1. The Services include the Interactive Forums, facilitating communication amongst the Users and/or the Visitors, including coaches/trainers, trainees, parents and guardians, enabling a better function of the academy in which you may post reviews or other Content, messages, materials or other items. You are solely responsible for your use of the Interactive Forums and use them at your own risk. Any Content submitted to any public area of the Digital Platform will be considered as non-confidential.
    2. The Users are allowed to access and share Content on the Digital Platform about the activities of the trainees, scheduled events, trainees’ information updates on their attendance, progress, performance, participation in activities etc., updates relating to fee payments and any other news and updates relating to the academy, including audio/ video files hosted and/or published on the Digital Platform.
    3. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
      1. Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
      2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
      3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
      4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
      5. Unsolicited promotions, political campaigning, advertising or solicitations;
      6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
      7. Any Malicious Code, corrupted data or other harmful, disruptive or destructive files;
      8. Content that is unrelated to the Services; or
      9. Content that, in the sole judgment of TalentServ, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose TalentServ or its Affiliates or its users to any harm or liability of any type.
    4. TalentServ has a “zero-tolerance” policy towards Spam; i.e., you may not use the Interactive Forums or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable Law, including laws that apply in any jurisdiction to Spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. Any use of the Interactive Forums or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Digital Platform.
    5. We have the right to review the Content before it appears on the Digital Platform. However, we do not verify, endorse or otherwise vouch for the Content by any particular user or any content generally submitted for uploading on to the Digital Platform. Individuals can be held legally liable for their uploaded Content and may be held legally accountable if their Content is defamatory or material protected by copyright, trademark, etc.
  13. Third-Party Services or Content
    As a part of the Services, the Digital Platform may contain links to third-party websites or content including payment gateways, and other payment intermediaries that you may use in connection with your use of the Services. You use such third party services at your own risk. We make no claim or representation regarding the safety or security in such material, and provide them on the Digital Platform only for convenience. Whenever you discontinue your use of the Services, these Terms no longer govern, and upon use of such third-party services, their respective terms and policies shall apply.
  14. Advertisements and Promotions
    We may run advertisements and promotions from third parties on the Digital Platform. Your business dealings or correspondence with, or participation in promotions of, advertisers other than TalentServ, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred to you as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
  15. Warranty Disclaimer
    1. The Digital Platform and the Services are provided to you on an “as is” basis without warranties from TalentServ of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that Digital Platform or the Services are accurate, complete, reliable, current or error-free. While we attempt to make your access to and use of the Services safe, we do not represent or warrant that the Digital Platform or the Services are free of viruses or other harmful components.
    2. We make all endeavors to ensure that all the information on the Digital Platform is correct, but we neither warrant, nor make any representations regarding the quality, accuracy or completeness of any data, information, Services or any content available on the Digital Platform. The material on the Digital Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the content on the Digital Platform is at your own risk. We do not guarantee that the Digital Platform and its servers are free of viruses or other harmful applications. Moreover, the Digital Platform may contain certain historical information. We reserve the right to modify the contents of the Digital Platform, but have no obligation to update any information on the Digital Platform.
  16. Limitation of Liability
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TALENTSERV, OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS, THE DIGITAL PLATFORM, OR THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF PROFITS, LOSS OF DATA, OR COMPUTER FAILURE EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    2. TALENTSERV HAS NO CONTROL OVER THE ACCURACY, QUALITY AND AUTHENTICITY OF THE CONTENT UPLOADED BY THE SUBSCRIBER, USER, VISITOR AND/ OR ANY THIRD PARTY ON THE DIGITAL PLATFORM AND SHALL HAVE NO LIABILITY WITH RESPECT TO, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED IN THE CONTENT THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, COPYRIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
    3. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER TALENTSERV NOR AFFILIATES, OR ACCOUNT PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF LEGAL THEORY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OR TRANSMISSIONS OF YOUR DATA OR FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR THE ACCOUNT, OR THE INFORMATION CONTAINED THEREIN; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SERVICE PROVIDERS; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES.
    4. The Services are controlled and offered by TalentServ from its facilities in the Republic of India. TalentServ makes no representation that the Digital Platform is appropriate or available for use in other locations other than those approved by it, from time to time. Those who access or use the Digital Platform from other jurisdictions do so at their own volition and are responsible for compliance with the applicable Law.
  17. Privacy Policy
    Please refer to our privacy policy, available at www.acadware.com/privacy-policy for information on how we collect, use and disclose personally identifiable data from the Users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
  18. Indemnification
    You agree to defend, indemnify and hold harmless TalentServ and its officers, employees and agents from and against any claims, losses, liabilities, damages, and expenses suffered by TalentServ or its officers, employees and agents arising from the User’s negligence, willful misconduct or breach of the terms of these Terms.
  19. Communications and Notices
    1. We may communicate with you via email or SMS on the contact information provided by you, for giving you certain information or updates regarding the Digital Platform. We also may post a notice for you in the dashboard area of your Administrator Account on the Digital Platform. When we post notices on the Digital Platform, we post them in the area of the Digital Platform suitable to the notice. It is your responsibility to periodically review the Digital Platform for notices.
    2. You agree that, unless other instructions are posted on the Digital Platform, any notices required to be given under these Terms will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier, in accordance with the most current contact information you have provided to us, and the contact information for you to reach us is posted on the Digital Platform. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. You give your express consent for us to send you such notices, updates, alerts and other promotional materials.
  20. Termination
    1. Notwithstanding any provision of these Terms, we reserve the right, without any notice or liability to you, to (a) terminate your license to use the Digital Platform, or any portion thereof and the rights of any third party to which you have granted access to your Content; (b) block or prevent your future access to and use of all or any portion of the Services and the rights of any third party to which you have granted access to your Content; (c) change, suspend or discontinue any aspect of the Services; and (d) impose limits on the Services.
    2. We may suspend your access to the Services or require you to change your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify you accordingly. We constantly monitor your account in order to avoid fraudulent accounts. Any user with more than one account or availing the Services fraudulently shall be liable for legal actions under applicable Law. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Digital Platform and any other unlawful acts or omissions in breach of these Terms. In the event of detection of any fraudulent action, prior to initiation of legal actions, we reserve the right to immediately delete such account.
    3. If at any time, we notify to you that your access to and/or use of the Digital Platform or your account is suspended and/or terminated, you must cease and desist from all such access and/or use immediately.
    4. If your account is inactive for at least three months, we may deactivate your account. Deactivated accounts are not deleted; they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice. You may terminate your agreement to these Terms at any time by discontinuing your use of the Digital Platform. We may terminate the account, and/or remove and discard any of the information posted by you without notice if we believe that you have violated or acted inconsistently with these Terms. When the Administrator Account is terminated, all the User Accounts registered under such Administrator Account and the Content posted under such Administrator Account and such User Accounts will, shortly thereafter, not appear on the Services, except for the Content submitted to public areas of the Digital Platform such as the Interactive Forums. We may also retain an archival copy of any part of your Content after termination for our internal business purposes.
    5. We reserve a right to terminate your Services on account of non-payment of fees for a period exceeding 2 months.
    6. If these Terms expire or terminate for any reason, Sections 9, 10, 11, 15, 16, 18, 20 and any representation or warranty you make in these Terms, shall survive indefinitely.
  21. Miscellaneous
    1. Applicable Law and Jurisdiction
      This Agreement will be governed by and construed in accordance with the laws prevailing in India. The User hereby expressly agrees to submit to the exclusive personal jurisdiction of courts at Pune, Maharashtra, for the purpose of resolving any dispute relating to the your access to or use of the Digital Platform.
      The laws of India govern this Agreement and your use of the Digital Platform. Your use of the Digital Platform may also be subject to other local, state, national, or international laws.
    2. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
    3. We may assign any or all of our rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without our prior written consent, and any such attempted assignment will be void and unenforceable.
    4. These Terms constitute the entire agreement between you and TalentServ regarding your use of the Digital Platform and the Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written between you and TalentServ.
    5. We provide telephonic and email support as a part of our customer support during all working days i.e. from Monday to Friday, at any time during 9.30 a.m. to 7.30 p.m.
    6. No waiver by us of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
    7. The rights and remedies set out hereunder are independent, cumulative and without prejudice to our rights under the Law.
    8. These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.
    9. In case you have any complaints or queries with respect to the use of the Digital Platform, we encourage you to write to us at info@acadware.com and we shall be glad to assist you.
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