These Terms and Conditions ("Agreement") govern the use of the Platform that is made available by www.planetganges.com, managed and operated by Planet Ganges Consulting Private Limited (“Company”) incorporated under the Companies Act 2013 and having its Corporate Office at No.18, 2nd floor, 5th Cross, 5th Block, Koramangala, Bengaluru, Karnataka 560034, India. The Platform provides assessment tools relating to hiring, employee development, 360 feedback, virtual assessment centres, digital learning, etc. (“Services”).
These Terms and Conditions represent the whole Agreement and understanding between the Company and the entity who subscribes to our Services ("Customer” or “you”).
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Services, you agree to comply with all the Terms and Conditions set out in this Agreement. The Company may terminate your Account at any time, with or without notice, either for conduct that is in breach of this Agreement, or for conduct that the Company believes is harmful to its business, or for conduct where the use of the Services is harmful to any other party.
The Company may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Registered Users upon posting of the modified Agreement to the Website. You are responsible to read this document from time to time to ensure that your use of the Services remains in compliance with this Agreement.
(i) “Account” shall mean creation of login credentials by the Company for the Customer to login and access the Services offered by the Company subject to the Customer furnishing the information sought by the Company.
(ii) “Content” means the audio and visual information, documents, Software, products and services contained or available on the Platform.
(iii) “Customer” shall mean the entity who has subscribed to the Services offered by the Company and for whom the Company has created an Account.
(iv) "Customer Data" shall mean any data, information or material provided or submitted by the Customer to the Company in the course of using the Services;
(v) “Company Content” shall mean the Content created by the Company.
(vi) “Customer Content” shall mean the Content created by the Customer.
(vii) “End Users” shall mean the candidates, employees or consultants identified by the Customer and who have been granted non-administrative access to avail the Services offered by the Company subject to this Agreement.
(viii) "Intellectual Property Rights" means unpatented or patented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
(ix) “Registered User” shall mean the employee(s) of the Customer who has been designated and authorized by Customer to have administrative access to and use the Services under the Customer Account subject to this Agreement.
(x) "Registered User Postings" shall mean all Content submitted, posted, published or distributed on Planet Ganges by the Customer, including but not limited to all assessments/training courses, forum posts, contests, notes, questions, comments, videos and file uploads.
(xi) “Software” shall mean software applications offered by the Company from time to time that shall not be hosted on Customer’s servers, for the purpose of accessing, interfacing, communicating with and/or providing functionality to the Services. Software may include software loaded on or accessed by or through a Customer’s system or server, and mobile applications, including applications accessed by or through smart phones, mobile devices, cellular devices, tablets, or other similar devices.
(xii) “Website’ shall mean www.planetganges.com, which is the website owned, managed and operated by the Company.
The Company offers Registered User Services for the duration of the service term purchased from the Company. The Company reserves the right to modify, change, or discontinue any aspect of the Services at any time. Access to the Website is terminated upon expiry of the Service.
You further acknowledge and agree that all the Content on the Website is non-transferable.
3. LICENSE GRANT AND RESTRICTIONS
The Company hereby grants to the Customer, a non-exclusive, non-transferable, worldwide right to use the Services, solely for its own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company.
The Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Company Content in any way; (ii) modify or make derivative works based upon the Services or the Company Content; (iii) create Internet "links" to the Services or "frame" or "mirror" any Company Content on any other server or wireless or Internet-based device; or (iv) copy any ideas, features, functions or graphics of the Services. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Services.
4. CUSTOMER RESPONSIBILITY
When the Customer applies for the Services, the Customer will be asked to nominate one or more of its employees who will be asked to select a User ID and Password. The User ID and Password are the means through which the Customer can access the Services. The Customer acknowledges and agrees that it is the responsibility of the Customer and the Registered Users to safeguard the User ID and Password. IN NO EVENT WILL COMPANY BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SUBSCRIBER ID OR PASSWORD.
The Customer is responsible for obtaining and maintaining the equipment and services necessary to access and use the Website and the Services including but not limited to any computer hardware, telephone line, Internet connection, Internet Service Provider, SMS capability, data access and transmission capability, network access and coverage. The Customer is solely responsible for all costs related to the equipment and services necessary or desirable for the access to and use of the Website and Services.
By using the Website, the Customer represents and warrants that:
- The Registered Users and the End Users are 18 years of age or older and that the use of the Website shall not violate any applicable law or regulation;
- All registration information submitted by the Registered User and End User are truthful and accurate;
- The use of the Content is restricted to the Registered User who has been supplied with the log in details by the Company.
- The Customer, Registered Users and End Users shall not copy, share, modify, transmit, distribute, or in any way, exploit the Content provided by the Company.
- The Customer shall use the Platform for its own internal business purposes.
By submitting a Registered User Posting, the Customer hereby represents and warrants the following:
That it has the necessary rights, licenses, consents and/or permissions to reproduce post and publish the Registered User Postings on the Platform.
That the Content of the Registered User Postings will not infringe or violate the rights of any third party.
That the Customer, End User or Registered User hereby grants to Planet Ganges a worldwide, non-exclusive, transferable, assignable, sub licensable, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit the Registered User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed)
All Registered User Postings must comply with the Content Standards set out in this Agreement
The Customer represents, warrants and covenants to the Company that: (i) the Customer Content contains no prohibited Content (ii) no Customer Content violates, misappropriates, or infringes any rights of any third party (iii) each Registered User and End User agrees to comply with the terms and conditions set forth in this Agreement (iv) it will not use or attempt to use any Services, or any part thereof, or any Customer Content, to engage in any impermissible or unlawful advertising, marketing or other activities,
These Content standards apply to any and all Registered User Postings. The Registered User Postings must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, Registered User Postings must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other Intellectual Property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
5. INTELLECTUAL PROPERTY RIGHTS
The Company Content is property of the Company. The Company Content has been prepared or licensed to the Company, and is maintained, updated and distributed by the Company. The Company may make improvements, or changes, to this material at any time without prior notification. The Content, layout, design, data and graphics on the Website are protected Intellectual Property Rights of the Company or its licensors. No part of the Website may be reproduced, stored in a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording and/or otherwise) without the prior written consent of the Company.
In the event the Company finds out that the Customer/Registered User has breached (non-payment shall be deemed as breach) the Agreement, the Company in its sole discretion reserves the right to suspend and/or terminate the Account and/or access to the Website by blocking the IP address or email id with or without notice to the Customer. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and/or terminating the User Account and/or access to the Website. Upon suspension or termination, Customer’s right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete the information that is available with the Company, including but not limited to login and Account information.
7. CANCELLATION AND REFUND
Where the Company has accepted / confirmed the Services being purchased by the Customer and the Company has assigned the licenses to the Customer, then the Customer is not entitled to cancel the Services.
The Fees once paid for the Services shall not be refunded.
The Fees for the Services shall be as set out on the Website or as communicated to you on your registered email.
Unless otherwise specified at the time of purchase of the Services, the Fees are exclusive of applicable taxes.
Fees for the Services selected by you on the Website must be paid in full prior to you downloading or accessing Services.
9. ACCOUNT INFORMATION AND DATA
The Company does not own Customer Data. The Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and the Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
In the event this Agreement is terminated (other than by reason of Customer’s breach), the Company will make available to the Customer, a file of the Customer Data within 30 days of termination if requested at the time of termination. The Company reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation or non-payment. Upon termination for cause, Customer’s right to access or use Customer Data immediately ceases, and the Company shall have no obligation to maintain or forward any Customer Data.
The Customer agrees that unless other instructions are posted on the Website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to you in accordance with the most current contact information the Customer has provided to the Company. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
11. LIMITATION OF LIABILITY
The Services is provided on an "as is" and "as available" basis. The Company makes no representations or warranties, either expressed or implied, with respect to the Services, or any service or information provided through the Service. The Company is not responsible for any damages, injury or economic loss arising from the use of the Content or Services provided by Company.
In no event will the Company be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Services or in connection with the Website or Services provided to the Customer, its Registered Users and End Users.
THE WEBSITE AND ALL CONTENT FEATURED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE COURSES, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
THE CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT ITS OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CUSTOMER FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE COMPANY AND LICENSOR OF THE CONTENT ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THE CUSTOMER TAKES BASED ON THE INFORMATION, COURSES OR MATERIALS ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, THE COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE AND COURSES FEATURED ON THE WEBSITE.
The Customer agrees to indemnify and hold the Company, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse the Company with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement and infringement of intellectual property rights.
14. FORCE MAJEURE
The Company will not be liable for any delay, interruption or failure in the provisioning of Services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay provision of the Services under this Agreement.
15. UNENFORCEABLE PROVISIONS
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
16. GOVERNING LAWS AND JURISDICTION
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of India. The Courts of Bengaluru shall have the jurisdiction.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
18. ENTIRE AGREEMENT
This Agreement may be updated from time to time and posted on the Website.
19. ASSIGNMENT AND CHANGE IN CONTROL
This Agreement may not be assigned by the Customer without the prior written approval of the Company but may be assigned without consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this Section shall be void. Any actual or proposed change in control of the Customer that results or would result in a direct competitor of the Company directly or indirectly owning or controlling 50% or more of the Customer shall entitle the Company to terminate this Agreement for cause immediately upon written notice.