Terms & Conditions

Last updated: 12 June 2020

Acceptance of Terms and Conditions:

These Terms & Conditions of Use (‘Terms’) apply to the Conduct web site located at www.getconduct.in and all associated sites linked to www.getconduct.in by Conduct (‘Site’). The Site is the property of Conduct and its licensors. BY USING THE SITE, YOU (‘User’ or ‘You’ or ‘Your’) AGREE TO THESE TERMS OF USE

Conduct reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. You agree that continued use of the website, following any changes mean that you accept and agree to the changes. As long as you comply with these Terms, Apple grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

1. RIGHTS OVER CONTENT AND SITE

1.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, ‘Content’), including but not limited to the design, structure, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Conduct, and is protected by copyright, designs, inventions, knowhow, database rights, source codes, patent and trademark laws, and Conduct reserves all rights on the Content and Site.

1.2 All trade names, trade-marks, service marks and other product and service names and logos (‘Marks’) displayed on the Site are proprietary to their respective owners and are protected by applicable trade-mark and copyright laws. These Marks may be registered or unregistered marks of Conduct or others.

1.3 You may not, in any form or by any means: (i) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Site; or (ii) commercialize any information, products or services obtained from any part of this website, without Conduct’s express written permission.

1.4 You may use or download any information explicitly made available for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

2. USAGE OF SITE AND CONTENT

2.1 If you express interest in products or services through your use of this Site, you consent to Conduct holding such information and contacting you over electronic mail or phone numbers, as the case maybe.

2.2 You may not use any device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not made available to You. Conduct reserves the right to monitor such activities and prohibit the same upon being alarmed of any such activity.

2.3 You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Conduct server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

2.4 You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Conduct or others.

3. VIOLATION OF TERMS OF USAGE

3.1. You agree that Conduct may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site.

3.2. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Conduct, for which monetary damages would be inadequate, and you consent to Conduct obtaining any injunctive or equitable relief that Conduct deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Conduct may have under applicable laws of India.

3.3. You agree that Conduct may terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies/ authorities; (2) upon a written request by You (self-initiated account deletions); (3) discontinuance or material modification of the Site or any service offered on or through the Site; or (4) unexpected technical issues or problems.

3.4. If Conduct does take any legal action against you as a result of your violation of these Terms, Conduct will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Conduct. You agree that Conduct will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.

4. PRIVACY POLICY

4.1. Use and access of Conduct Site, products, services and portals, if any is governed by the Our Privacy Policy.

4.2. Our Privacy Policy, as it may be updated from time to time, is available on our Site and is incorporated into these Terms by way of this reference.

4.3. We may amend Our Privacy Policy and Terms, from time to time.

5. LINKS TO OTHER SITES

This Site may contain links to other independent third-party Web sites (‘Linked Sites’). These Linked Sites are provided solely as a convenience to our visitors/readers/users. Such Linked Sites, if any incorporated in our Content or Site, are not under Conduct’s control, and Conduct is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

6. TERMS FOR PURCHASE OF SERVICES AND PRODUCTS

6.1. Additional terms and conditions may apply to purchases of products or services or any course or modules or handbooks and to specific portions or features of the Site, all of which terms are made a part of these Terms by this reference. In cases of conflict between these Terms and any additional terms and conditions of purchase of any products and services, then the terms and conditions pertaining to purchase such products and services shall supersede.

6.2. Conduct’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

6.3. Conduct may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. It is likely that the materials on the Site with respect to products and services may be out of date, and Conduct makes no commitment to update the materials on the Site with respect to such products and services, on a frequent basis.

6.4. In case of purchase of any products or services, which may have to be cancelled due to circumstances including but not limited to lack of participants or faulty process or any circumstances not in control of Conduct, then refunds will be issued against such cancellations as per the prevailing cancellation and refund policies of Conduct.

7. DISCLAIMER

7.1. Conduct does not promise that the Site or any Content or any service or products will be free from any errors or uninterrupted or that the usage will provide specific results. All Content, products and services are provided on a best-effort basis in connection with content and delivery. Conduct maintains all protocols to ensure the Site is free from any viruses or malware or contaminants on a best-effort basis but cannot prevent any third-party attacks. Conduct disclaims all and any liability for acts, omissions and conduct of any third parties in connection with or related to usage of the Site or Content or products or services. In such cases, Your remedy against Conduct for dissatisfaction of Site or Content or products or services to stop using such portion.

7.2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

7.3. Conduct reserves the right to do any of the following, at any time, with or without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

8. LIMITATION ON LIABILITY

8.1. You expressly understand and agree that Conduct and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to You for any direct, indirect, incidental, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:

1.1.1. The use or the inability to use the service or any product;

1.1.2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the service;

1.1.3. Unauthorized access to or alteration of your transmissions or data;

1.1.4. Statements or conduct of any third party on the service/ product; or

1.1.5. Any other matter relating to the service/ product.

8.2. Notwithstanding anything to the contrary contained herein, Conduct’s liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Conduct, for the services or products received from Conduct.

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Conduct and its subsidiaries, affiliates, directors, employees, suppliers, consultants and agents from any and all third party claims, demands, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from Your use of the Site or Content or any services or products, Your violation of the Privacy Policy or these Terms or any third party's rights, including without limitation, infringement by You or any other user of Your account of any intellectual property or other right of any person or entity. These Terms will inure to the benefit of Conduct’s successors, permitted assigns, and licensees.

10. NOTICES

Except as otherwise stated in these Terms, all notices to a party shall be in writing and shall be made via email. Notice shall be deemed given 24 hours after an email is sent, to Member at the address provided by Member in the Member Registration Data and to Conduct at the address set forth below:

Address: 3B, Woodcreek Apartments, Defence Colony, 3rd Main, Indiranagar, Bangalore Email: contact@getconduct.in

11. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms and any dispute, difference, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms shall be governed by and construed in accordance with Indian law and the courts of Bengaluru shall have exclusive jurisdiction to resolve any disputes between us relating to these terms and conditions.

12. SEVERANCE

These Terms and any dispute, difference, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms shall be governed by and construed in accordance with Indian law and the courts of Bengaluru shall have exclusive jurisdiction to resolve any disputes between us relating to these terms and conditions.

13. GENERAL PROVISIONS:

13.1 Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

13.2 Any waiver of any provision of the Terms will be effective only upon mutual agreement in writing.

13.3 These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

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