This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this document binding.
PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.
Acceptance of Terms
The Website is currently owned and operated by Chevera Eduservices Private Limited.
Membership and Accessibility
LICENSE TO ACCESS
MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. If you are below 18 and you wish to use the Website, you must get consent from your parent or guardian before doing so.
You need not register with Nearbycoaching.com to simply visit and view the Website and services available there or participate in free information available on the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). These certain features include, but are not limited to interaction with mentors, viewing mentors database and details and book a mentorship session. To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Nearbycoaching.com in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook, Google+, etc. account and log-in credentials (your “Third-Party Site Password”).
You are solely responsible for safeguarding your Nearbycoaching.com password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Nearbycoaching.com immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without Nearbycoaching.com’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not Nearbycoaching.com will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Nearbycoaching.com or others due to such unauthorized use.
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
You will not copy or distribute any part of the Website in any medium without Nearbycoaching.com’s prior written authorization.
You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
You shall not use any artificial intelligence to use the website, copy the contents on the website, transmit requests or messages to the Nearbycoaching.com servers
You shall not take any action that (i) unreasonably encumbers or, in Nearbycoaching.com’s sole discretion, may unreasonably encumber the Website’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Nearbycoaching.com’s measures that are used to prevent or restrict access to the Website.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
Recording of Conversation
Nearbycoaching.com shall record all the conversations between you and the Service Professionals on its platform for research and safety purposes. These conversations include voice calls and chat on our platform. You hereby give your consent to the recording application and Nearbycoaching.com to record the conversations.
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback; and (b) leaving Feedback in order to make the Service Professional appear better than he or she actually is or was.
Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Nearbycoaching.com in its sole discretion, may take any of the following actions: (i) cancel your Feedback; (ii) limit your Account privileges; and/or (iii) suspend your Account.
Reporting Inappropriate Use of Feedback. You may contact Nearbycoaching.com regarding any inappropriate use of Feedback via-email at firstname.lastname@example.orgemail@example.com
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Nearbycoaching.com reserves the right to (a) terminate your access to your Account, your ability to post to this Website and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Nearbycoaching.com determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Nearbycoaching.com reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Nearbycoaching.com deems appropriate in Nearbycoaching.com’s sole discretion. Nearbycoaching.com may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Nearbycoaching.com’s discretion, Nearbycoaching.com will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. Nearbycoaching.com does not and cannot review every Posting posted to the Website.
Rules for Service Users
SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to using a Service without paying (Except for free offers done as part of promotional campaigns run by Service Professionals and/or Nearbycoaching.com); (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional’s or Website’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Nearbycoaching.com in connection with the use or purchase of any Service.
SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with the Posting, Nearbycoaching.com, in its sole discretion, may take any of the following actions: (a) limit the Service User’s Account privileges; and/or (b) suspend the Service User’s Account.
The Service User shall be able to cancel until 48 hours before the mentorship session.
If the Service User cancels within the grace period i.e. 48 hours, he gets equivalent credits in his/her account which he can avail within 90 days The processing of the refund amount in an event of cancellation shall be at the sole discretion of the company.
The Service Professional will be allowed to cancel till 24 hours before the session. The Service Professional will be given an option to cancel and reschedule; which if the Service User approves, the session gets rescheduled to the respective date and time. If the Service User does not approve, the Service User gets equivalent credits in his/her account. The processing of the refund amount in an event of cancellation shall be at the sole discretion of the company.
Nearbycoaching.com shall have the right to cancel a session without giving any notice or reason to the Service Users and Service Professionals. In such event, Nearbycoaching.com shall refund the money paid by the Service User.
Limitation of our Liability
You hereby release Nearbycoaching.com, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any other party, or between you and other Website users.
None of the Services, including but not limited to mentoring and mentorship sessions, listed on the Website are provided by us. We act as an intermediary between the Service Users and the Service Professionals. All the service-related information transmitted and posted on the Website are by the Service Professionals or upon their instructions.
We shall in no way be liable for the information related to the services posted on the Website (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
provides or create links to external sites;
is intended to harm or exploit any individual under the age of 18 in any way;
is designed to solicit personally identifiable information of any person, including, but not limited to, name, email address, home address, phone number, or profession;
invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
contains falsehoods or misrepresentations that could damage us or any third party;
is pornographic, harassing, hateful, illegal, obscene, defamatory, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
is copyrighted or otherwise subject to third-party proprietary rights, including privacy and publicity rights and contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
advertises or solicits a business not related to or appropriate for the Website (as determined by us in our sole discretion);
contains or could be considered “junk”, “spam”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
contains advertising for ponzi schemes, discount cards, credit counselling, online surveys or online contests;
distributes or contains viruses or any other technologies that may harm us, or the interests or property of our users;
contains links to commercial services or websites;
is irrelevant content;
contains identical content to other open Postings you have already posted; or
contains anything which is in violation of applicable laws of India.
We shall in no way be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any posted service on the Website. The Service Professional acts as an independent contractor and any act done by the Service Professional makes them solely liable. We do not guarantee or take responsibility of your satisfaction with the provided Service. We shall in no way be liable if you do not achieve desired goal as a result of the provided Services.
You assume all responsibility and risk with respect to your use of the Website. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We have no duty to update or modify the Website and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the Website, the use of the Website or our agreement with you concerning the Website, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of Indian Rupees Five Thousand (INR 5000). If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under this agreement, at law and/or in equity.
We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.
Copyright Infringement Take Down Procedure
Nearbycoaching.com has high regard for intellectual property and expects the same level of standard to be employed by its users. Nearbycoaching.com may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at firstname.lastname@example.orgemail@example.com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Nearbycoaching.com to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit Nearbycoaching.com to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”.
Modifications to or Termination of Website
MODIFICATION OR CESSATION OF WEBSITE
Nearbycoaching.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Nearbycoaching.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of Nearbycoaching.com services.
TERMINATION BY NEARBYCOACHING.COM
EFFECT OF TERMINATION
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Nearbycoaching.com Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Nearbycoaching.com shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Nearbycoaching.com retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Nearbycoaching.com hereunder shall remain in effect for the foregoing purpose.
You agree to indemnify and hold Nearbycoaching.com, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.
Intellectual Property Rights
NEARBYCOACHING.COM OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content by Service Professionals), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Nearbycoaching.com. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nearbycoaching.com reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
NEARBYCOACHING.COM’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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