Standard terms of service
Effective on October 25, 2022
Transform Future Consulting Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at 1201, Tower-19, The Close South Nirvana Country, Sector-50, Gurgaon, Haryana – 122018 (hereinafter “Owner” or “we” or “us”) is the owner of the web portal www.mytransform.com and the mobile application used to offer Services to the Subscribers (“Site”). Your access to the Site and the Contents available thereon and use of any or all services made available by Owner are subject to the Terms of Service (“Terms”) stipulated hereunder. Please read these Terms carefully before using the Site or related services by Owner.
ACCEPTANCE OF TERMS
You agree to be bound by the Terms as available on the Site before accessing or using any version of the Site on any compatible device. Your continued use of the Site shall be constituted as your acceptance to such Terms, as may be revised from time to time.
“Content” shall refer to any and all information on the Site whether currently available or as may be updated by Owner periodically.
“Non-Subscriber” shall refer to any person not competent to contract under Indian law (including minor (i.e., a person under the age of 18 years) who is not a Subscriber and has access to the Site and/or Services under the control and supervision of a Subscriber.
“Subscriber” or “you” shall refer to any person who is above the age of 18 years or entity who is competent to contract under Indian laws and wishes to open an account on the Site and avail of the Services in accordance with these Terms either for himself/herself/itself or for the benefit of any Non-Subscriber and includes the parent or legal guardian of the Non-subscriber (where such Non-subscriber is a minor) and a Stakeholder.
“Stakeholders” shall refer to any person or entity who/which participates and contributes in transition management of individuals as a facilitator, mentor, educator, employer, government or institution, as the case may be. For the purpose of these Terms, a Stakeholder shall be deemed to be a Subscriber and these Terms and Additional Conditions shall be binding on all Stakeholders.
[“User” shall refer to any person who has access to the Site and/or Services, including Stakeholders, Subscriber and Non-Subscriber.]
LEGAL CAPACITY AND RESPONSIBILITY
[You confirm that you are legally competent to enter into this agreement. Please note that use of the Site is only available to Subscribers who have completed 18 years of age and if you are under 18 years old, you are not permitted to use this Site or Services, unless your parent or legal guardian has accepted these Terms and Additional Conditions and your use of the Site and Services has been consented by such parent or legal guardian. Where the Subscriber enters into this agreement for the benefit of any Non-Subscriber and allows such Non-Subscriber to avail of the Services, the Subscriber shall accept these Terms and Additional Conditions and read out and explained these Terms and Additional Conditions fully to the Non-Subscriber, and further that the Subscriber shall at all times be liable for any and every action or omission of such Non-Subscriber’s use of the Services. Wherever applicable, the Subscriber shall be liable for all conditions, consents, obligations, notices and covenants contained in these Terms notwithstanding the fact that actual user of the Services may be a Non-Subscriber. The Owner will not be responsible for any consequence that arises as a result of use of the Site or Services by a minor (as opposed to a parent/legal guardian) accessing the same. The Owner reserves the right to terminate your registration and / or refuse to provide you with access to the Site or the Services if it is discovered that you are under the age of 18 years and the consent to use the Site or Services is not made by your parent/legal guardian nor have they accepted the Terms or Additional Conditions or any information provided by you is inaccurate.]
Owner provides the service of transition management (“Service” or “Services”) for individuals and Stakeholders which inter alia include but not limited to identifying development needs, creating individual development plans, managing information and resources, generation of reports, generation of curriculum vitae, creation of network, engaging in transition workflow, exchanging knowledge and identifying career opportunities.
As a result of your account creation and subject to your compliance with these Terms, Owner hereby grants you a limited, non-exclusive, non-transferable, royalty-free, revocable license to use the Services and the software that enables the Services.
Owner may, at its absolute discretion, make changes, suspend or terminate/replace any Service at any time with a view to further improve, upgrade the Content and Services. Adequate advance notice of any such change/suspension/termination/replacement shall be provided on the Site.
Owner is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide unless agreed otherwise in these Terms and/ or Additional Conditions.
USE OF CONTENT AND THIRD PARTY PRODUCT & SERVICES
The Content on the Site consists of both materials generated by Owner and those that have been collated and consolidated by Owner from various public/open sources. While Owner makes reasonable assessment of Content before uploading the same on the Site, Owner does not bear any responsibility regarding the accuracy or relevance of the Content particularly when such Content has been generated on the basis of third party sources, however Owner has obtained all rights necessary to use such Content on its Site. In the course of availing the Services or generally on the Site, a Subscriber (or a Non-Subscriber) may find Content that is incomplete, not up to date, confusing or not compatible with laws of India. [While the Subscriber will take reasonable efforts to ensure that such content which is not compatible with Indian laws is not available on the Site, the Subscriber agrees that Owner is not liable or responsible for any damage/harm/injury/loss caused (whether directly or indirectly) by the use of such Content. Subscriber’s (or Non-Subscriber’s) use of the Content on the Site and availing of the Services shall at all times be at his/her own risk.]
UPLOADING OF INFORMATION/MATERIAL BY THE SUBSCRIBER AND OWNER’S RIGHT TO USE
Owner’s right to use information/material uploaded/ provided by the Subscriber or the Non-Subscriber (as the case may be) shall include right to access, store, use, copy, modify, distribute, publish, and process any information and material that you or a Non-Subscriber under your control and supervision provides through our Services, without any further consent, notice and/or compensation to you or others. You agree that in lieu of the aforesaid right granted to Owner, you or Non-Subscriber shall be able to obtain maximum benefit out of the products and Services offered through the Site. Owner agrees that such right to use shall be guided by and in accordance with the Additional Conditions available on the Site.
You shall upload, and shall ensure that a Non-Subscriber uploads only such information/material on the Site that you or such Non-Subscriber has the right to share or put out in the public domain. Any information/material uploaded by you shall not violate any law or third party rights (including but not limited to intellectual property rights). All personal information provided by you or such Non-Subscriber shall be accurate and verifiable.
In the course of use of information/material uploaded by you or a Non-Subscriber under your control and supervision, Owner may be required by law to remove specific information/material in certain geographies. Further, while Owner may edit and make formatting/other changes to your information/material (such as translating it, modifying the size, layout or file type or removing metadata), to the extent reasonably possible Owner shall not modify the meaning of your expression.
Information/data provided by you for the purpose of creating the account with Owner can be modified by you or a Non-Subscriber under your control and supervision. You may delete or modify any information/material uploaded by you or a Non-Subscriber under your control and supervision during the course of report generation as part of the Services.
UNACCEPTABLE USAGE AND CONSEQUENCES
[User (including Stakeholders) shall not engage in any of the following or host, display, upload, modify, publish, transmit, store, update or share any information:
- belongs to any other person over which you don’t have any right;
- is obscene, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- violates any law for the time being in force;
- Reverse engineer or tamper with the security of any Owner Services/software.
- Make unauthorized copies of any Content in the Owner Services/software.
- Make or attempt to make any modification to dashboard or report designs that are unique features of the Site.
- Upload content that contains or contains links to nudity, adult content, sex, or use profanity, or foul language on the Site.
- Upload content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Upload content that infringes any copyrights, trademarks, patents, trade secrets or other intellectual property or other proprietary rights of any person or entity.
- is harmful to child or otherwise upload or display content that exploits images of children under 18 years of age.
- Upload binary files or executable code. ]
In the event any User has engaged in any of the aforementioned activities, Owner reserves the right to limit the use of the Services of (a) such User, and (b) in case of such User being a Non-Subscriber, the Subscriber who controls or supervises such Non-Subscriber. Such limit may include the number of connections made by the User on the Site and the ability of a User to contact other members. Further, Owner reserves the right to restrict, suspend, or terminate a User or Subscriber’s account and this agreement if Owner reasonably believes that a User or Subscriber may be in breach of this agreement or any law in force or are generally misusing the Services.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Nothing contained on the Site may be copied or construed as granting any license or right to use any Content/trademark without the prior written permission of Owner. User’s access to the Site, use of the Services and the enabling software shall not be construed as granting any right to the User to make any claim in respect of the intellectual property rights owned by Owner or those that may be owned by Owner in future. You further confirm that you have read and understood the Copyright Notice.
In the event any legal/regulatory proceeding is initiated by a third party or regulatory/administrative authority against Owner and/or any of its Directors, Promoters, authorized representatives, customers and employees on account of your or Non-Subscriber’s acts of commission or omission, you shall indemnify and hold harmless Owner, its Directors, Promoters and employees against all Claims. For the purposes of this clause, “Claim” shall mean any and all claims, legal actions, proceedings, suits, litigations, prosecutions, arbitrations, enquiry or mediation, investigation, demands, and/or judgments resulting in losses, damages, costs, expenses including attorneys’ fees and the likes.
We reserve the right to assume the exclusive defense and control of any such Claim and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such Claim, action, settlement or compromise negotiations, as requested by us. The terms of this provision will survive termination of this agreement.
The User and the Subscriber understand and acknowledge that they are responsible for maintaining the confidentiality of the username, password and such other information that may be helpful in resetting the password and they are fully responsible for all activities that occur through their login credentials. The User agrees and the Subscriber shall ensure that all Users under its control or supervision : (a) immediately notify us of any unauthorized use of his/ her login credentials or any other breach of security; and (b) ensure that the User exits from its account at the end of each session.
TERMINATION & CLOSURE OF ACCOUNT
Owner reserves the right to suspend or terminate your and the Non-Subscriber’s use of the Site and the Services at any time, without notice, if a User is found to be in violation of the Terms. Unutilized Subscription Amounts (if any) shall not be refunded in case of such termination.
Subscriber or Owner may terminate this agreement at any time with seven (7) days’ notice to the other. In case you wish to terminate this agreement, you may send an email to email@example.com. Please note that non-usage of our Services shall not automatically terminate this agreement.
On termination of this agreement, you lose the right to access or use the Services.
Subject to these Terms, Owner shall have the right to use information/material uploaded by you strictly in accordance with the Additional Conditions even after the termination of this agreement and closure of your account.
The conditions for termination of this agreement as stipulated herein shall always be subject to any additional agreement(s) that Owner may enter into with you.
LIMITATION OF WARRANTIES
ALL OWNER SERVICES ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. OWNER DOES NOT WARRANT THAT THE SERVICES OR ITS SOFTWARE WILL BE ERROR-FREE OR THAT ALL NON-CONFORMITIES CAN BE CORRECTED. OWNER MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES, WITH RESPECT TO ITS SERVICES OR THE SITE. OWNER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY CONTENT, EXPRESS OR IMPLIED.
LIMITATION OF LIABILITY
OWNER SHALL MAKE REASONABLE EFFORTS TO MAKE AVAILABLE ITS SERVICES AT ALL TIMES TO THE SUBSCRIBER. HOWEVER, SAVE AND EXCEPT AS EXPRESSLY STATED OTHWERWISE IN THESE TERMS AND ADDITIONAL CONDITIONS, OWNER DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES CAUSED BY ITS SERVICES OR THE CONTENT OF THIS WEB SITE. IN NO EVENT SHALL OWNER BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR THE SERVICES, REGARDLESS OF WHETHER OWNER HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.
OWNER MAKES NO GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PART THEREOF, WHETHER CREATED BY OWNER OR ANY THIRD PARTY. OWNER SHALL NOT BE RESPONSIBLE FOR 1) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF CONTENT; 2) ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT OR SERVICES; OR 3) LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT OR SERVICES PROVIDED BY OWNER.
In addition to these Terms, a Subscriber shall be bound by Owner’s Additional Conditions (wherever applicable). The Additional Conditions shall be deemed to be incorporated in these Terms by reference and shall be considered a part and parcel of this Terms.
Entire Agreement: Save and except as stated hereinafter, these Terms and the Additional Conditions collectively constitute the entire agreement and understanding between you and Owner and supersede any prior arrangement or understanding that you may have had with Owner.
Owner may also require the Subscriber to execute additional agreement(s) depending upon the nature of business arrangement between the parties. Wherever applicable, such additional agreement(s) alongwith these Terms and Additional Conditions shall collectively constitute the entire understanding between you and Owner and supersede all prior arrangements between the parties. These Terms and Additional Conditions shall be read in conjunction with such additional agreement(s) and rule of harmonious construction shall be applied in case of any interpretational issue.
Choice of Law and Forum: These Terms and Additional Conditions shall be governed by the laws of India. Any dispute arising out of or in connection with these Terms and Additional Conditions shall be subject to the exclusive jurisdiction of Courts in Delhi.
[Grievance Redressal: Questions regarding this Terms and Additional Conditions may be sent to firstname.lastname@example.org. All communications from Owner may be sent to your registered email id available with Owner and/or to the physical address provided by you at the time of opening the account.]