Resultslab, Legal, Terms of Service
TERMS OF SERVICE
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.
The Software-as-a-Service `ResultsLab`
(hereinafter referred to as `SAAS`
) is owned by Ripples Learning Services bearing the registered address No.12, 1st Main Road, K. R. Garden, Koramangala Industrial Extension, Bangalore - 560095, India (hereinafter referred to as `Company`
For the purpose of these Terms of Service, wherever the context so requires the term `You`
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`
shall mean ResultsLab
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.
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.
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 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:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by You and between `Bank(s)`, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
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.
PAYMENT FACILITY FOR BUYERS:
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Us to purchase the services from Us using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Us using Payment Facility.
- You, as a Buyer, may agree with Us through electronic communication and electronic records and using the automated features as may be provided by Payment Facility.
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.
THIRD PARTY INFORMATION
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@example.com 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.
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.
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the SAAS. With Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the SAAS is not permitted. You shall not, nor allow third parties on Your behalf to (i) make and distribute copies of the SAAS (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the SAAS; or (iii) create derivative works of the SAAS of any kind whatsoever.
- You agree not to access (or attempt to access) the SAAS and/or the materials or Services by any means other than through the interface that is provided by the SAAS. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the SAAS or Content, or in any way reproduce or circumvent the navigational structure or presentation of the SAAS, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the SAAS. You acknowledge and agree that by accessing or using the SAAS or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the SAAS. Further, You may report such offensive content by sending us an e-mail to Our official e-mail address firstname.lastname@example.org.
- You hereby agree not to access another User`s account or post as another User through an account not owned by You.
- In the event You are able to view another User`s account and confidential information, You are required to send an email to Us notifying Us of the same immediately on email@example.com.
- You hereby agree not to provide information about the functioning of the SAAS on any public information.
- This SAAS by nature allows you to upload information; You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the SAAS or the Services (or the servers and networks which are connected to the SAAS);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the SAAS or another's PC, laptop, tablet or phone;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the SAAS or any network connected to the SAAS, nor breach the security or authentication measures on the Website/ SAAS or any network connected to the SAAS. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the SAAS, or any other customer of the SAAS, including any account not owned by You, to its source, or exploit the SAAS or service or information made available or offered by or through the SAAS, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the SAAS;
- Disrupt or interfere with the security of, or otherwise cause harm to, the SAAS, systems resources, accounts, passwords, servers or networks connected to or accessible through the SAAS or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use the SAAS or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of the SAAS or Company or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the SAAS contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threaten 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
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.
COMPLIANCE WITH LAWS
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.
DISCLAIMER OF WARRANTIES AND LIABILITIES
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:
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN THE SAAS, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
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.
INDEMNIFICATION AND LIMITATION OF LIABILITY
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.
BREACHES OF THESE TERMS AND CONDITIONS
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.
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.