1.1 Use Description:
Consulture's service, and any content viewed
through our service, is solely for your commercial and non-personal use. With
your Consulture's purchase we grant you a limited, non-exclusive,
non-transferable, license to access the content and view your toolkit through
the service on a streaming-only basis for that purpose. Except for the
foregoing limited license, no right, title or interest shall be transferred to
you. You agree not to use the service for public performances. Consulture may
revoke your license at any time in its sole discretion. Upon such revocation,
you must promptly destroy all content downloaded or otherwise obtained through
the service, as well as copies of such materials, whether made in accordance
with these Terms of Service or otherwise.
2.2 Your Registration Obligations:You may be
required to register with Consulture in order to access and use certain
features of the Service. If you choose to register for the Service, you agree
to provide and maintain true, accurate, current and complete information about
yourself as prompted by the Service's registration form. Registration data and
certain other information about you are governed by our Privacy Policy. If you
are under 13 years of age, you are not authorized to use the Service, with or
without registering. In addition, if you are under 18 years old, you may use
the Service, with or without registering, only with the approval of your parent
or guardian.
2.3 Member Account, Password and Security:
You may never use another's account, and you may
not provide another person with the username and password to access your
account. You are fully responsible for any and all activities that occur under
your password or account, and it is your responsibility to ensure that your
password remains confidential and secure. You agree to (a) immediately notify Consulture
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session when accessing the Service. Consulture will not be liable for any loss
or damage arising from your failure to comply with this Section.
2.4 Modifications to Service:Consulture reserves
the right to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that Consulture will not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service. We have no obligation to retain any of Your
Account or Submitted Content for any period of time beyond what may be required
by applicable law.
2.5 General Practices Regarding Use and Storage:
You acknowledge that Consulture may establish
general practices and limits concerning use of the Service, including without
limitation the maximum period of time that data or other content will be
retained by the Service and the maximum storage space that will be allotted on Consulture’
servers on your behalf. You agree that Consulture has no responsibility or
liability for the deletion or failure to store any data or other content
maintained or uploaded by the Service. You acknowledge that Consulture reserves
the right to terminate accounts that are inactive for an extended period of
time. You further acknowledge that Consulture reserves the right to change
these general practices and limits at any time, in its sole discretion, with or
without notice.
2.6 Mobile Services:The Service may include certain
services that are available via a mobile device, including (i) the ability to
upload content to the Service via a mobile device, (ii) the ability to browse
the Service and the Site from a mobile device and (iii) the ability to access
certain features through an application downloaded and installed on a mobile
device (collectively, the "Mobile Services"). To the extent you
access the Service through a mobile device, your wireless service carrier’s
standard charges, data rates and other fees may apply. In addition,
downloading, installing, or using certain Mobile Services may be prohibited or
restricted by your carrier, and not all Mobile Services may work with all
carriers or devices. In using the Mobile Services, you may provide your
telephone number. By providing your telephone number, you consent to receive
calls and/or SMS, MMS, or text messages at that number. We may share your phone
numbers with our affiliates or with our service providers (such as customer
support, billing or collections companies, and text message service providers)
who we have contracted with to assist us in pursuing our rights or providing
our Services under these Terms of Service, our policies, applicable law, or any
other agreement we may have with you. You agree these parties may also contact
you using autodialed or prerecorded calls and text messages, as authorized by
us to carry out the purposes we have identified above, and not for their own
purposes. In the event you change or deactivate your mobile telephone number,
you agree to promptly update your Consulture account information to ensure that
your messages are not sent to the person that acquires your old number.
2.7 Money Back Guarantee:Should you become
dissatisfied with the Service after purchase, Consulture will refund only after
approval from our Team and subsequently terminate your access. Refunds are not
available for customers 30 days after a purchase. Refunds are not available for
accounts which have violated the terms of service; violations are determined at
Consulture' sole discretion. If Consulture determines that you are abusing our
refund policy, we reserve the right to suspend or terminate your account and
refuse or restrict any and all current or future use of the Service without
delivering a refund. To request a refund or to ask a question regarding the 30-day
money back guarantee email support@Consulture.in.
3. Conditions of Use
3.1 User Conduct: You are solely responsible for
all code, video, images, information, data, text, software, music, sound,
photographs, graphics, messages or other materials ("content") that
you upload, post, publish or display (hereinafter, "upload") or email
or otherwise use via the Service. Consulture reserves the right to investigate
and take appropriate legal action against anyone who, in Consulture' sole
discretion, violates this provision, including without limitation, removing the
offending content from the Service, suspending or terminating the account of
such violators and reporting you to the law enforcement authorities. You agree
to not use the Service to:
email or otherwise upload any content that (i)
infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or
fiduciary relationships; (iii) contains software viruses or any other computer
code, files or Toolkits designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment; (iv) poses or creates a privacy or security risk to any person; (v)
constitutes unsolicited or unauthorized advertising, promotional materials, commercial
activities and/or sales, "junk mail," "spam," "chain
letters," "pyramid schemes," "contests,"
"sweepstakes," or any other form of solicitation; (vi) is unlawful,
harmful, threatening, abusive, harassing, tortious, excessively violent,
defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s
privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in
the sole judgment of Consulture, is objectionable or which restricts or
inhibits any other person from using or enjoying the Service, or which may
expose Consulture or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
violate any applicable local, state, national or
international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state
or otherwise misrepresent your affiliation with a person or entity; solicit
personal information from anyone under the age of 18;
harvest or collect email addresses or other contact
information of other users from the Service by electronic or other means for
the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or
services for any business purpose that is not specifically authorized;
further or promote any criminal activity or
enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any
materials or information through any means not intentionally made available or
provided for through the Service.
3.2 Fees:To the extent the Service or any portion
thereof is made available for any fee, you will be required to select a payment
plan and provide Consulture information regarding your credit card or other
payment instrument. You represent and warrant to Consulture that such information
is true and that you are authorized to use the payment instrument. You will
promptly update your account information with any changes (for example, a
change in your billing address or credit card expiration date) that may occur.
You agree to pay Consulture the amount that is specified in the payment plan in
accordance with the terms of such plan and this Terms of Service. You hereby
authorize Consulture to bill your payment instrument in accordance with the
terms of the applicable payment plan until you terminate your account, and you
further agree to pay any charges so incurred. If you dispute any charges you
must let Consulture know within seven (07) days after the date that Consulture
charges you. We reserve the right to change Consulture' prices. Your continued
use of the Service after the price change becomes effective constitutes your
agreement to pay the changed amount. You shall be responsible for all taxes
associated with the Services as per the prevailing GST laws of India.
3.3 Recurring Subscriptions:If you select a Service
with an auto renewal feature (“Recurring Subscription”), you authorize Consulture
to maintain your account information and charge that account automatically upon
the renewal of the Service you choose with no further action required by you.
In the event that Consulture is unable to charge your account as authorized by
you when you enrolled in a Recurring Subscription, Consulture, may, in its sole
discretion: (i) bill you for your Service and suspend your access to the Service
until payment is received, and/or (ii) seek to update your account information
through third party sources (i.e., your bank or a payment processor) to
continue charging your account as authorized by you.
Consulture may change the price for Recurring Subscriptions
from time to time and will communicate any price changes to you in advance and,
if applicable, how to accept those changes. Price changes for Recurring
Subscriptions will take effect at the start of the next subscription period
following the date of the price change. As permitted by local law, you accept
the new price by continuing to use your Recurring Subscription after the price
change takes effect. If you do not agree with the price changes, you have the
right to reject the change by cancelling your Recurring Subscription before the
price change goes into effect. Please therefore make sure you read any such
notification of price changes carefully.
Payments are non-refundable and there are no
refunds or credits for partially used periods. You may cancel a Recurring
Subscription at any time, but if you cancel your subscription before the end of
the current subscription period, we will not refund any subscription fees
already paid to us. Following any cancellation, however, you will continue to have
access to the service through the end of your current subscription period. At
any time, and for any reason, we may provide a refund, discount, or other
consideration to some or all of our users ("credits"). The amount and
form of such credits, and the decision to provide them, are at our sole and
absolute discretion. The provision of credits in one instance does not entitle
you to credits in the future for similar instances, nor does it obligate us to
provide credits in the future, under any circumstance.
FEES ONCE PAID FOR ANY TOOLKIT OR TOOLKIT AND
ACCESS TO THE SAME GRANTED BY US, IS NOT REFUNDABLE. AS BY PROVIDING
ACCESS TO THE TOOLKIT WE HAVE ALREADY ALLOWED YOU TO ACCESS THE RELEVANT
CONTENT AVAILABLE THERE FOR THE TOOLKIT, HENCE ANY FEES OR CHARGES PAID TO CONSULTURE.IN
IS NON REFUNDABLE IN NATURE.
If you subscribed via iTunes on your Apple mobile
device, you can cancel by going to your Account Settings in the App Store. You
can find Subscriptions in the Settings app on your device under iTunes & App
Store, and then select your Apple ID. If you subscribed on our website, you can
cancel by contacting Support at support@Consulture.in.
3.4 Special Notice for International Use; Export
Controls:Software (defined below) available in connection with the Service and
the transmission of applicable data, if any, is subject to INDIAN export
controls. No Software or content may be downloaded from the Service or
otherwise exported or re-exported in violation of Indian export laws.
Downloading our web software, source code, Toolkit videos or data is not
allowed under any circumstances. The Toolkit content is only available
for viewing and learning purposes.
3.5 Commercial Use:Unless otherwise expressly authorized
herein or by Consulture in writing, you agree not to display, distribute,
license, perform, publish, reproduce, duplicate, copy, create derivative works
from, modify, sell, resell, exploit, transfer or upload for any commercial
purposes, any portion of the Service, use of the Service, or access to the
Service.
4. Intellectual Property Rights
4.1 Service Content, Software and Trademarks:You
acknowledge and agree that the Service may contain content or features
(“Service Content”) that are protected by copyright, patent, trademark, trade
secret or other proprietary rights and laws. Except as expressly authorized by Consulture,
you agree not to modify, copy, frame, scrape, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Service
Content, in whole or in part, except that the foregoing does not apply to your
own User Content (as defined below) that you legally upload to the Service. In
connection with your use of the Service you will not engage in or use any data
mining, robots, scraping or similar data gathering or extraction methods. If
you are blocked by Consulture from accessing the Service (including blocking
your IP address), you agree not to implement any measures to circumvent such
blocking (e.g., by masking your IP address or using a proxy IP address). Any
use of the Service or the Service Content other than as specifically authorized
herein is strictly prohibited. The technology and software underlying the
Service or distributed in connection therewith are the property of Consulture,
our affiliates and our partners (the "Software”). You agree not to copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, or
otherwise transfer any right in the Software. Any rights not expressly granted
herein are reserved by Consulture.
The Consulture name and logos are trademarks and
service marks of Consulture (collectively the "Consulture
Trademarks"). Other Consulture, product, and service names and logos used
and displayed via the Service may be trademarks or service marks of their
respective owners who may or may not endorse or be affiliated with or connected
to Consulture. Nothing in this Terms of Service or the Service should be
construed as granting, by implication, estoppel, or otherwise, any license or
right to use any of Consulture Trademarks displayed on the Service, without our
prior written permission in each instance. All goodwill generated from the use
of Consulture Trademarks will inure to our exclusive benefit.
4.2 Third Party Material:Under no circumstances
will Consulture be liable in any way for any content or materials of any third
parties (including users), including, but not limited to, for any errors or
omissions in any content, or for any loss or damage of any kind incurred as a
result of the use of any such content. You acknowledge that Consulture does not
pre-screen content, but that Consulture and its designees will have the right
(but not the obligation) in their sole discretion to refuse or remove any
content that is available via the Service. Without limiting the foregoing, Consulture
and its designees will have the right to remove any content that violates these
Terms of Service or is deemed by Consulture, in its sole discretion, to be
otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any content, including any reliance on the
accuracy, completeness, or usefulness of such content.
4.3 User Content Transmitted Through the
Service:With respect to the content or other materials you upload through the
Service or share with other users or recipients (collectively, "User
Content"), you represent and warrant that you own all right, title and
interest in and to such User Content, including, without limitation, all
copyrights and rights of publicity contained therein, and that you have all
required rights to post or transmit such content or other materials without
violation of any third-party rights. By uploading any User Content you hereby
grant and will grant Consulture, its affiliated companies and partners
(including but not limited to Consulture instructors, practitioners and other
third parties providing instructional information through the Services,
collectively "partners") a nonexclusive, worldwide, royalty free,
fully paid up, transferable, sublicensable, perpetual, irrevocable license to
copy, display, upload, adapt, perform, publish, distribute (through multiple
tiers of distribution and partnerships), store, modify and otherwise use and
fully exploit your User Content in any and all media, form, medium, technology
or distribution methods now known or later developed and for any and all
purposes (commercial or otherwise).
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other information relevant to the
Service ("Submissions"), provided by you to Consulture, its
affiliated companies or partners are non-confidential and Consulture, its
affiliated companies and partners will be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You acknowledge and agree that Consulture may
preserve content and may also disclose content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process, applicable laws or government
requests; (b) enforce these Terms of Service; (c) respond to claims that any
content violates the rights of third parties; or (d) protect the rights,
property, or personal safety of Consulture, its users and the public. You
understand that the technical processing and transmission of the Service,
including your content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
4.4 Copyright Complaints: Consulture respects the
intellectual property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes copyright
infringement, or that your intellectual property rights have been otherwise
violated, you should notify Consulture of your infringement claim in accordance
with the procedure set forth below.
4.5 Counter-Notice: If you believe that your User
Content that was removed (or to which access was disabled) is not infringing,
or that you have the authorization from the copyright owner, the copyright
owner's agent, or pursuant to the law, to upload and use the content in your
User Content, you may send a written counter-notice containing the following
information to the Copyright Agent: your physical or electronic signature;
identification of the content that has been removed or to which access has been
disabled and the location at which the content appeared before it was removed
or disabled; a statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
content; and your name, address, telephone number, and email address, a
statement that you consent to the jurisdiction of the Courts of Mumbai, india
and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the Copyright
Agent, Consulture will send a copy of the counter-notice to the original
complaining party informing that person that it may replace the removed content
or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or user, the
removed content may be replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at our sole discretion.
4.6 Repeat Infringer Policy: In accordance with the
Copyright and other applicable laws, Consulture has adopted a policy of
terminating, in appropriate circumstances and at Consulture' sole discretion,
users who are deemed to be repeat infringers. Consulture may also at its sole
discretion limit access to the Service and/or terminate the memberships of any
users who infringe any intellectual property rights of others, whether or not
there is any repeat infringement.
5. Third Party Websites
The Service may provide, or third parties may
provide, links or other access to other sites and resources on the Internet. Consulture
has no control over such sites and resources and Consulture is not responsible
for and does not endorse such sites and resources. You further acknowledge and
agree that Consulture will not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any content, events, goods or services
available on or through any such site or resource. Any dealings you have with
third parties found while using the Service are between you and the third
party, and you agree that Consulture is not liable for any loss or claim that
you may have against any such third party.
6. Social Networking Services
You may enable or log in to the Service via various
online third party services, such as social media and social networking
services like Facebook or Twitter (“Social Networking Services”). By logging in
or directly integrating these Social Networking Services into the Service, we
make your online experiences richer and more personalized. To take advantage of
this feature and capabilities, we may ask you to authenticate, register for or
log into Social Networking Services on the websites of their respective
providers. As part of such integration, the Social Networking Services will
provide us with access to certain information that you have provided to such
Social Networking Services, and we will use, store and disclose such
information in accordance with our Privacy Policy. For more information about
the implications of activating these Social Networking Services and Consulture'
use, storage and disclosure of information related to you and your use of such
services within Consulture (including your friend lists and the like), please
see our Privacy Policy.
However, please remember that the manner in which
Social Networking Services use, store and disclose your information is governed
solely by the policies of such third parties, and Consulture shall have no liability
or responsibility for the privacy practices or other actions of any third party
site or service that may be enabled within the Service.
In addition, Consulture is not responsible for the
accuracy, availability or reliability of any information, content, goods, data,
opinions, advice or statements made available in connection with Social
Networking Services. As such, Consulture is not liable for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such Social Networking Services. Consulture enables these features merely
as a convenience and the integration or inclusion of such features does not
imply an endorsement or recommendation.
7. Indemnity and Release
To the fullest extent permitted by law, you agree
to release, indemnify and hold Consulture and its affiliates and their
officers, employees, directors and agent harmless from any from any and all
losses, damages, expenses, including reasonable attorneys’ fees, rights,
claims, actions of any kind and injury (including death) arising out of or
relating to your use of the Service, any User Content, your connection to the
Service, your violation of these Terms of Service or your violation of any
rights of another. Any liabilities arising out of any legal disputes claimed on
Consulture, will be confined and limited to the amount of fees or service
charges paid to Consulture for the services against which a dispute claim is
being raised.
8. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CONSULTURE EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CONSULTURE MAKES NO WARRANTY THAT (I) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONSULTURE
WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONSULTURE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I)
THE USE OR THE INABILITY TO USE THE SERVICE; (II) 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; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CONSULTURE’
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE
AMOUNT YOU HAVE PAID CONSULTURE IN THE LAST SIX (6) MONTHS, OR, IF GREATER,
RUPEES FIFTEEN HUNDRED ONLY (RS. 1500.00)
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USE OF THE SERVICE.
10. Binding Arbitration; Class Action Waiver
You and Consulture agree that these Terms of
Service affect interstate commerce and that the Indian Arbitration Acts governs
the interpretation and enforcement of these arbitration provisions. This
Section 10 is intended to be interpreted broadly and governs any and all
disputes between us including but not limited to claims arising out of or
relating to any aspect of the relationship between us or the Terms of Service
or the Service, whether based in contract, tort, statute, fraud, misrepresentation
or any other legal theory. The only disputes excluded from this broad
prohibition are the litigation of certain intellectual property and small court
claims, as provided below.
If you have any dispute with us, you agree that
before taking any formal action, you will contact us at Consulture, on support@Consulture.in,
and provide a brief, written description of the dispute and your contact
information (including your username, if your dispute relates to an account).
Except for intellectual property and small claims court claims, the parties
agree to use their best efforts to settle any dispute, claim, question, or
disagreement directly through consultation and good faith negotiations shall be
a condition to either party initiating a lawsuit or arbitration.
All disputes, claims, or controversies arising out
of or relating to the Terms of Service or the Service that are not resolved by
the procedures identified above shall be resolved by individual (not group)
binding arbitration to be conducted before an Arbitrator appointed by Consulture
in accordance with the governing laws and the decision/judgement of the
Arbitrator shall be binding to both parties.
The arbitrator, and not any federal, state, or
local court or agency, shall have exclusive authority to resolve all disputes
arising out of or relating to the interpretation, applicability,
enforceability, or formation of these Terms of Service, including but not
limited to any claim that all or any part of these Terms of Services are void
or voidable, or whether a claim is subject to arbitration. The arbitrator shall
be empowered to grant whatever relief would be available in a court under law
or in equity. The arbitrator's award shall be written and shall be binding on
the parties and may be entered as a judgment in any court of competent
jurisdiction.
You and we agree that the arbitration shall be
conducted in the party’s respective individual capacities only and not as a
class action or other representative action, and the parties expressly waive their
right to file a class action or seek relief on a class basis. YOU AND CONSULTURE
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that
the class action waiver set forth in this paragraph is void or unenforceable
for any reason or that an arbitration can proceed on a class basis, then the
arbitration provisions set forth above shall be deemed null and void in their
entirety and the parties shall be deemed to have not agreed to arbitrate
disputes.
Notwithstanding the parties' decision to resolve
all disputes through arbitration, you or we may bring enforcement actions,
validity determinations or claims arising from or relating to theft, piracy or
unauthorized use of intellectual property in court with jurisdiction to protect
intellectual property rights ("intellectual property rights" means
patents, copyrights, moral rights, trademarks, and trade secrets, but not
privacy or publicity rights). You or we may also seek relief in a small claims
court for disputes or claims within the scope of that court's jurisdiction to
the extent such claims do not seek equitable relief.
Notwithstanding the parties' decision to resolve
all disputes through arbitration, you or we may bring enforcement actions,
validity determinations or claims arising from or relating to theft, piracy or
unauthorized use of intellectual property in state or federal court with
jurisdiction to protect intellectual property rights ("intellectual
property rights" means patents, copyrights, moral rights, trademarks, and
trade secrets, but not privacy or publicity rights). You or we may also seek
relief in a small claims court for disputes or claims within the scope of that
court's jurisdiction to the extent such claims do not seek equitable relief.
All such claims and applications are subject to the Jurisdiction of courts in the
city of Mumbai, India.
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE
PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND CONSULTURE
REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT
YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER
PERSONS, SUCH AS A CLASS ACTION.
11. Termination
You agree that Consulture, in its sole discretion,
may suspend or terminate your account (or any part thereof) or use of the
Service and remove and discard any content within the Service, for any reason,
including, without limitation, for lack of use or if Consulture believes that
you have violated or acted inconsistently with the letter or spirit of these
Terms of Service. Any suspected fraudulent, abusive or illegal activity that
may be grounds for termination of your use of Service, may be referred to
appropriate law enforcement authorities. Consulture may also in its sole
discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your access
to the Service under any provision of this Terms of Service may be effected
without prior notice, and acknowledge and agree that Consulture may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further,
you agree that Consulture will not be liable to you or any third party for any
termination of your access to the Service.
12. Disputes Between Users
You agree that you are solely responsible for your
interactions with any other user in connection with the Service and Consulture
will have no liability or responsibility with respect thereto. Consulture
reserves the right, but has no obligation, to become involved in any way with
disputes between you and any other user of the Service.
13. General
These Terms of Service constitute the entire
agreement between you and Consulture and govern your use of the Service, superseding
any prior agreements between you and Consulture with respect to the Service.
You also may be subject to additional terms and conditions that may apply when
you use affiliate or third party services, third party content or third party
software. These Terms of Service will be governed by the laws of the State
without regard to its conflict of law provisions. With respect to any disputes
or claims not subject to arbitration, as set forth in Section 10 above, you and
Consulture agree to submit to the personal and exclusive jurisdiction of the
state and federal courts located within the city of Mumbai, India. The failure
of Consulture to exercise or enforce any right or provision of these Terms of
Service will not constitute a waiver of such right or provision. If any
provision of these Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of these Terms of Service remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or these Terms of Service must be filed within one (1) month after such
claim or cause of action arose or be forever barred. A printed version of this
agreement and of any notice given in electronic form will be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You
may not assign this Terms of Service without the prior written consent of Consulture,
but Consulture may assign or transfer this Terms of Service, in whole or in
part, without restriction. The section titles in these Terms of Service are for
convenience only and have no legal or contractual effect. Notices to you may be
made via either email or regular mail. Under no circumstances shall Consulture
be held liable for any delay or failure in performance resulting directly or
indirectly from an event beyond its reasonable control. The Service may also
provide notices to you of changes to these Terms of Service or other matters by
displaying notices or links to notices generally on the Service.