PRIVACY POLICY

These Terms and Conditions of Use shall apply to all Users who access the Website (as defined below) and to all Persons to whom the Services are provided by Upceed Consulting Services Private Limited (hereinafter “UCS”), the owner of the Website, through the Website.

The website provides information regarding the various services offered by UCS including its online training product “RightRules” which is for employees and Internal Committee members. The Users may use the contact information displayed on the website to reach out to UCS to avail any of the offered services.

Access to the Website and the services is subject to your compliance with and acceptance of these Terms and Conditions of Use and the Privacy Policy (found here), and any other terms and conditions which may be applicable for availing the services as detailed in the relevant page pertaining to such services, collectively referred to as “the Terms”.

Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter “the User Agreement”) between a User and UCS vis-à-vis the use and access of the Website, provision of services, and all other matters arising out of or in connection therewith.

Please ensure that you have read and understand the Terms carefully. By accessing the Website and/or using the Services, you agree to be bound by the Terms and signify your absolute and unequivocal acceptance thereof.
Use and access of the Website and the Services is void where prohibited. By using the Website or availing of the services, the User agrees that the User’s consent and acceptance of the Terms have been given freely, with full knowledge of the nature of the terms and without fraud, coercion, or undue influence. By using or accessing the Website or the services, the User further represents that the User has the necessary capacity to contract under Indian laws and is capable of performing the obligations required of the User under the Terms.

If you do not agree with any of the Terms, please refrain from accessing the Website or use the Services. If you have any questions about the Terms, please contact upceedconsulting@gmail.com.

UCS may amend/modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Website. You are required to review the modified Terms periodically (as often as possible) to be aware of such modifications. Your continued access or use of the Website or the Services shall be deemed proof of your acceptance of the Terms as modified.

In the event that you access or use the Website or the Services in contravention or violation of any of the Terms, UCS shall be entitled to terminate the User Agreement immediately, block your account, and remove any information which does not comply with the terms or any law in force in India thereof. UCS shall also be entitled to seek any additional relief as available under law.

Definitions

Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in the Terms shall have the following meaning:

“Date of Commencement” shall mean the date on which the User Agreement comes into force or is deemed to come into force between the User and UCS, and shall be the date from which a User first accessed or uses the Website or begins availing the Services, whichever is earlier.
“Date of Termination” shall refer to the date on which the User Agreement is terminated in accordance with the Terms.
“UCS” or “the Owner” or “we/our/us” shall mean Upceed Consulting Services Private Limited, incorporated under the laws of India, being the owner of the Website and its representatives, officers, successors, and assignees.
“Intellectual Property” shall include all patents, copyrights, trademarks, logos, brand names, corporate names, designs, and artistic creations and all information, ideas, technology, software, improvements, trade secrets, data,know-how, and similar rights of any type, whether or not capable of being registered.
“Person” shall mean to include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company, or any other entity or organization, including a government or political sub-division, or agency or instrumentality of state thereof and/or any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated.
“Terms” shall mean collectively the Terms and Conditions of Use, the Privacy Policy, the Disclaimer of the Website, and any other terms and conditions which may be applicable to availing the Services as detailed in the relevant page pertaining to such Services as amended or modified from time to time.
“User(s)” or “You/Your” shall include both Authorized Users and Unauthorized Users. An “Authorized User” shall include: Persons who access the Website with the intention to browse the services provided by UCS, and (ii) persons other than Unauthorized Users. An “Unauthorized User” would mean any Person who does not have a legal right to access the Website or avail the Services, any Person who has for reason (by the operation of law or otherwise) been prohibited from accessing the Website or availing the Services or hackers. Such Unauthorized User would also be fully bound by the terms, conditions, and obligations set forth in the Terms and shall be liable to abide by the same.
“User Agreement” shall mean the legally binding contract deemed to exist between a User and UCS and shall consist of the Terms as modified from time to time. However, it is hereby clarified that insofar as these Terms also apply to an Unauthorized User, the User Agreement shall only serve to define the obligations and liabilities of such Unauthorized User and shall not bind UCS to perform any services or conditions or obligations, nor does it entitle the Unauthorized User to claim any rights, protection or benefits of any nature whatsoever thereunder.
“Website” shall mean the website “www.upceedconsulting.com” and further web pages/websites created by or on behalf of UCS, related to the above-mentioned site.

The singular includes the plural and vice versa, and words importing a gender also include the other genders.

All references to requirements of notice to, permission or consent of, or communication with the Owner shall be construed as being required to be given to, or received from, the authorized personnel alone of the Owner.

Browsing the Website

You may access the Website to obtain information on the services offered by UCS, obtaining other information (without violation of the User Agreement), and related matters. Access and use of the Website are prohibited for Unauthorized Users.

Website Account Access

The User shall keep confidential and not disclose to any person information pertaining to the User’s Website Account and all activities carried out by the User through his/her Website Account.
The User shall access the Website and avail of the services only through his own Website Account validly created and shall not permit any other Person to use or access the Website or Services through the User’s Website Account.
The User shall immediately notify the Owner of any unauthorized use of the User’s Website Account or any other breach of security known to the User vis-à-vis the Website Account.
The User shall be responsible for the set-up or configuration of his equipment for access to the Website and the Services.
The User shall be fully liable for all transactions and activity carried out through the User’s Website Account, unless the User has informed the Owner about any hacking, breach of security, or unauthorized access of the Website Account, whether past, possible, or threatened.

Prohibitions

In addition to the obligations of the User contained elsewhere in the Terms and without prejudice to the generality of any other prohibition contained therein, every User shall be prohibited from the following:

Allowing a person other than the User to access the User’s Website Account or to access the Website through another User’s Website Account.
Using the Services or accessing the Website for any unlawful or illegal purpose.
Allowing another person to avail of the Services under the User’s Website Account.
Contravening any laws of India or any other laws to which the User is subject while accessing the Website or availing of the Services.
Threatening, harming, bullying, harassing, annoying, or otherwise displaying harmful or negative behavior on the Website in general or towards any particular User or any third party.
Violating or attempting to violate the security systems and procedures of the Owner and/or the Website; gaining unauthorized access to any non-public information of any other Users or Persons, including (but not limited to) accessing data and information not intended for such Users or logging onto a server or account which the User is not authorized to access.
Attempting to probe, scan, or test the vulnerability of a system, computer resource, server, or network or attempting to breach security or authentication measures on the Website.
Attempting to gain access or gaining access to parts of the Website to which the User has no right to access by hacking, stealing passwords, or otherwise.
Introducing, posting, submitting, or transmitting any information, software, command, or any other material that contains a virus, worm, time bombs, cancelbots, easter eggs, or other harmful component into the Internet through the Website, the Website itself, or the Owner’s systems, networks or servers.
Introducing, facilitating, transmitting, generating, or posting spam messages, posts, or e-mails of any nature whatsoever, including bulk e-mails, chain mails, or commercial bulk emails or spam.
Introducing any material or doing any act that would cause the networks, resources, systems, or servers of the Owner and/or the Website to slow down or multiply traffic on the Website or in any other way interfere or hinder the proper functioning of such networks, resources, systems or servers.
Publishing, displaying, or submitting information that provides information on illegal activities, communities, groups, persons, or associations that are banned, or which incite or participate in illegal activities, or other activities such as the sale of illegal arms, ammunition, and weapons.
Soliciting directly or indirectly any passwords or other personal information of any Users or other Persons for commercial or illegal purposes, or hosting, publishing, or submitting information about other Persons without such person’s consent.
Hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information on the Website that:
a. belongs to another person and to which the User does not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
c. harm minors in any way;
d. infringes any patent, trademark, copyright, or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

In the event that you become aware of a violation of the above terms by another User, we would request you to please inform our Grievance Officer (whose details are given below in this document) in writing or through email signed with an electronic signature of the same in as much detail as possible. Before we take any action, we may request further information as required by us or by law (as amended from time to time), based on which will we consider the next course of action to be adopted against such violations.

Sending or receiving messages which are offensive on moral, religious, or political grounds or which are indecent in any manner including (but not limited to) being within the meaning of “indecent representation of women” under The Indecent Representation of Women (Prohibition) Act, 1986.
Promoting or encouraging participation in contests, membership of competitor websites, gambling, lottery, sweepstakes, or pyramid schemes.
Altering or removing any of the Terms or other terms of use contained elsewhere on the Website or misrepresenting the same to any other person.
Copying or reproducing any part of the Website for any purpose whatsoever (save as expressly allowed under these Terms) whether in electronic or hard form whether manually or through automated methods including (but not limited to) spiders, deep links, page scrapes, or crawlers.
Violating, by any act or omission in the course of access to the Website or availing the Services, the rights of any nature whatsoever of a third party Person or a User, including publicity and/or ownership rights and intellectual property rights (including but not limited to inducement to violate rights or links to pirated music or files of any nature) or inducing Users or Persons to deal in, buy or sell stolen or counterfeit goods or goods or services otherwise prohibited for trade under any law for the time being in force.
Restricting another User’s access to the Website, Services, or other enjoyment of the User’s rights vis-à-vis the Website and/or Services.
Doing any act of any nature whatsoever that would cause the Owner to lose any services or supplies from the Owner’s vendors, suppliers, or service providers of any nature whatsoever, or disturb or affect the Owner’s relationship with its associates, suppliers, service providers or vendors or otherwise create any liability of any nature whatsoever on the Owner.

In the event that the User breaches violates, or does not comply with any of the above-mentioned covenants, then, without prejudice to any other rights of the Owner under the Terms or under law, the Owner shall have the following rights:

To remove any information, data, messages, or other material which violates any of the above covenants;
To suspend or delete the User’s Website Account;
To suspend or prohibit the User’s access to the Website or the User’s Website Account;
To terminate the User Agreement, access to the Website, and/or provision of the Services without becoming liable to pay any damages;
To proceed against the User for all or any losses or damages caused to the Owner of any nature whatsoever (including loss of business, reputation, goodwill, and profit) and to initiate or assist in all legal proceedings of any nature (civil or criminal) against the User;
The Owner shall also be indemnified for all proceedings, losses, and damages that may be instituted against or incurred by the Owner on account of such a breach.

Maintenance

The Owner shall have the right, at its sole discretion, to carry out maintenance, repair, upgradation, testing, updating content or other works on the Website or to its servers at any time, and for such reason may deactivate or suspend the User’s Website Account, access to the Website or the Services. The Owner shall not, for any reason whatsoever, be liable for losses and damages of any nature whatsoever on account of the above.

Modification to Services

The Owner shall be entitled to add, delete, modify, cease, discontinue, amend, or change all or any of the Services at its discretion at any time. Such addition, deletion, modification, cessation, discontinuance, amendment, or change shall take place with immediate effect.

On no account shall the Owner be liable in any manner whatsoever for the discontinuation, modification, stoppage, amendment, or change to any Service.

Termination and Consequences of Termination

The Owner may, without notice in its sole discretion, and at any time and without giving notice or reasons, terminate the User Agreement with any User and/or restrict a User’s use or access to the Website and/or Service (or any part thereof) for the following reasons:

a. That the Owner, in its discretion, is of the view that the User has violated the Terms in letter or in spirit;
b. That in the opinion of the Owner or any Governmental authority or body, it is not in public interest to continue to provide Services to the User or allow access to the Website;
c. That the User is declared bankrupt or into any compromise or arrangement with its creditors.

The above termination shall be without prejudice to the other rights of the Owner whatsoever.

In addition to the above, either the Owner or a User may terminate the User Agreement by giving the other prior written notice of 14 days to this effect without assigning reasons. At the discretion of the Owner, such notice period may be waived or reduced by the Owner vis-à-vis a User.

Breach

In the event that any User commits or attempts to commit or abets the commitment of, in the sole discretion and opinion of the Owner, a breach of any nature whatsoever of the Terms or the User Agreement, whether in letter or spirit, then without prejudice to the rights of the Owner contained elsewhere in the Terms or under law, the Owner shall have all the following rights:

To terminate, without reasons or notice, the User Agreement with a User;
To block, suspend, delete, or restrict access to a Website Account by a User;
To block or restrict access to the Website;
To refuse or cease the provision of Services to such User;
To initiate all or any legal proceedings against a User for breach, civil and/or criminal, including (but not limited to) proceedings for indemnity, losses, damages, and/or injunctions as appropriate;
To cooperate (without notice to the User) with all or any Governmental or legal authorities involved in any investigations, including the release of any information submitted by a User to the Owner / on the Website;

In the event that a User is blocked, suspended, or otherwise prevented or prohibited from accessing the Website, or Services, then the User shall not attempt to access the Website or procure Services through any other false identity.

Force Majeure

If the Owner’s performance of any of its obligations hereunder is prevented, restricted, or interfered with by reason of fire or another casualty of accident, strike, or labor disputes, maintenance or failure of any network, computer resource, system or server, failure of the server’s uptime, war or other violence, any law or regulation of any Government, or any act or condition whatsoever beyond its reasonable control (each such occurrence being hereinafter referred to as “Force Majeure”) then the Owner shall be excused from such performance to the extent of such prevention, restriction, and interference provided, however, that the Owner shall give notice (except where such notice is impractical or not possible) to the User of such Force Majeure, including a description, reasonably specifying the cause of non-performance hereunder, whenever such causes are removed.

In the event that the Owner’s performance of any of its obligations hereunder is delayed as a result of a Force Majeure, the obligation of the Owner to perform such obligation shall stand extended for the term the Force Majeure existed. However, in case the Owner is unable to perform any material obligation under this Agreement for a continuous period of 180 (one hundred and eighty) days because of any Force Majeure, then either of the Parties will have the right to terminate this Agreement effective 30 (thirty) days after the expiration of such 180 (one hundred and eighty) days period from the date the act of Force Majeure has occurred.

Indemnification

The User agrees that the User shall indemnify and keep indemnified the Owner, associates, employees, licensees, and partners from all or any losses, damages, suits, claims, charges, proceedings, actions, demands, and costs of any nature whatsoever incurred by such Person on account of any act or omission of the User while accessing the Website or availing of the Services or a breach of the Terms committed by the User.

Limitation of the Owner’s Liability

While the Owner has taken steps to ensure that all the information on the Website is correct, the Owner does not guarantee and shall not be responsible for the quality, accuracy, or completeness of any data, information, Product, or Services, except as specifically mentioned in the Terms.

The Owner shall not be responsible for any losses, damages, costs, claims, charges, suits, or proceedings of any nature whatsoever (whether direct, indirect, punitive, exemplary, consequential, under tort, or for loss of profit, reputation, or goodwill, costs of procuring substitute services, costs on account of loss or unauthorized use or access of information on the Website, third-party actions) arising out of or in connection with the provision of the Services or access of the Website by a User for any reason whatsoever. The generality of the foregoing shall not prejudice the specific disclaimers stated elsewhere in the Terms.

Relationship Between the Parties

The relationship between the Owner and the User shall be on a principal-to-principal basis and nothing in the Terms shall be construed so as to imply a relationship of agency, employment, partnership, joint venture, franchise, or technical collaboration between both the Owner and the User.

Governing Law and Jurisdiction

These Terms and the User Agreement shall be governed by and construed in accordance with the laws of India. All disputes arising out of or in any way connected with these Terms and/or the User Agreement shall be deemed to have arisen in Bangalore, India and the appropriate courts of law in Bangalore, India shall have exclusive jurisdiction to resolve the same.

Waiver

Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances.

Severability

If one or more of the provisions hereof shall be declared void, invalid, illegal, or unenforceable in respect to any applicable law or decision, the validity, legality, and enforceability of the remaining provisions herein contained shall not be affected or impaired in any manner whatsoever.

Assignment

The Owner may assign the User Agreement to any person without notice to the User. The User shall not be entitled to assign the User Agreement, either fully or in part, any of its rights and obligations to any other Person without the prior written consent of the Owner.

Entire Agreement

No oral agreement exists between the User and the Owner. The User Agreement shall constitute the entire and exclusive agreement between the User and the Owner with respect to the subject matter hereof and shall supersede and subsume any prior agreements, documents, and or communications regarding such subject matter.

Notice

All notices shall be in English and in writing and sent to the following addresses:

If sent or addressed to the User, then to the email address provided by the User in the User’s Website Account;
If sent or addressed to the Owner, then to the following address:

Name and Designation: Ms. Anupamaa V, Chief Trainer.

Address: Upceed Consulting Services Private Limited, Sterling Clifton”, Apartment #101, 1st Floor, Ramaiah Reddy Layout, Benson Cross Road, Bangalore – 560046.
E-mail Address: anupama@upceedconsulting.com

Grievances and Violations

In the event that a User has any other grievance in relation to the Website, or if a User becomes aware of an abuse or violation of the Terms, then the User may contact the Owner’s Grievance Officer at the following address:

Name: Sushmita B.
Address: Upceed Consulting Services Private Limited, Sterling Clifton”, Apartment #101, 1st Floor, Ramaiah Reddy Layout, Benson Cross Road, Bangalore – 560046.

E-mail Address: upceedconsulting@gmail.com

Privacy Policy

Users of the Website shall be subject to the Privacy Policy available here.