These Terms & Conditions ("Terms") are between Startup Board Business Services Private Limited, ("The Startup Board/Company/We/Us/Our") and its users ("User/You/Your"). These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
The Company, having its registered office at 62 Samvid Tower, Opp Brahma kumari Search Light, Cantt Road, Shahibagh, Ahmedabad – 380004 and having its office address at T 22A Green Park Extension New Delhi 110016 provides Online Learning and services but not limited to live and recorded courses etc.(the "Services"), which Services are accessible at www.thestartupboard.com (hereinafter, the "Site") and as applications for smart digital devices, including laptop, mobile and tablet (collectively, the "Applications").
By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, You would be indicating that You have read, and that You understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not You have registered with the Site and/or Application.
You are encouraged to read these Terms before accessing or using the Site, Application or Services carefully as they contain important information regarding your legal rights, remedies and obligations.
By using the Site, Applications or Services, You agree to comply with and be legally bound by Terms, whether or not You become a registered user of the Services. These Terms govern Your access to and use of the Site, Application and Services and all the content available on the Site and constitute a binding legal agreement between You and The Startup Board. The user further accepts to allow Startup Board Business Services Private Limited to reach them through call for providing existing services and for providing information on new products and services and will not be subject to DND regulations for such calls.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or the content therein) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
The Site, Application and Services comprise an online platform which creates List of Courses and users may learn about and enroll for the products directly through the Site and Application.
You acknowledge and agree that, by accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site or via the Application, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services, whether or not you have registered with the Site and Application. If you do not agree to these terms, then you have no right to access or use the Site, Application, Services, or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.
The Site, Application and Services can be used to facilitate the users to enroll for Products. Such Products are included in List of products made available on the Site, Application and Services by The Startup Board. You may view List of Products as an unregistered visitor to the Site, Application and Services.
The Startup Board makes available, conduct various online Products and provide Services for the Users and The Startup Board's responsibilities are limited to facilitating the availability and conducting of such Products through the Site, Application and Services as per these Terms.
In order to access certain features of the Site and Application, and to attend a free demo and/or live session, you must register to create an account ("Founder / Mentor / Investor Account"). You may register to join the Services directly via the Site or Application or as described in this section. A Vendor is also registered with an account (“Vendor”), created by The Startup Board for providing services through the Site or Application. Anyone who registers with and creates an account, as stated above, becomes a User. In case of minor student, the parent or guardian has to become a User and enrol their child or ward for the Products on Application or Site.
Your User Account and your profile page will be created for your use of the Site and Application based upon the personal information you provide to us as described above. You may not have more than one (1) active Founder / Mentor / Investor Account with us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Startup Board reserves the right to suspend or terminate your User Account and your access to the Site, Application and Services if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You will immediately notify The Startup Board of any unauthorized use of your User Account.
The Startup Board will create List of all its online Products alongwith with relevant details about the product. Users will be able to view Products via the Site, Application and Services based upon the information provided in the List of Products, User requirements, and User search parameters and preferences. Once a User requests enrolment for Product, the User needs to pay a price as mentioned in the Site or Application.
Please note that The Startup Board assumes no responsibility for a User’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. The Startup Board reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that The Startup Board, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or The Startup Board's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Mentor / Investor /Vendor, you understand and agree that unless you are employed on the payrolls of The Startup Board, your relationship with The Startup Board is limited to being an independent User and not an employee, agent, joint- venture or partner of The Startup Board for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of The Startup Board. The Startup Board does not control, your offline activities. As a User you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of The Startup Board, including by inappropriately using any The Startup Board intellectual property.
When you enroll for a Product, you will also be required to upload certain information and any User wishing to enroll for any of the Product must meet all the requirements.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from The Startup Board with respect to such actions or omissions.
All enrolment request for a Product, will either approved or rejected by Us within three (3) working days from the date of request for enrolment, otherwise the enrolment request will automatically expire. In case of expiry of the enrolment, as stated above, any amounts collected by The Startup Board for the requested enrolment will be refunded to the concerned User. When We confirm an enrolment requested by a User, the User will be sent a confirmation via e-mail or text message.
We will collect the Product Fees from Users at the time of the enrolment request. The Product Fees payable will be displayed to the Users before the User sends an enrolment request to The Startup Board. Upon receipt of the Users enrolment request, The Startup Board may initiate a pre-authorization and/or charge a nominal amount to User’s Payment Method pursuant to the Payments Terms. If a requested enrolment is cancelled (before any services are provided), any amounts collected by The Startup Board will be refunded to such User, depending on the selections the User makes via the Site and Application, and any pre-authorization of User’s Payment Method will be released, if applicable.
You agree that The Startup Board through its Site or Application would raise system generated invoice to the Users in relation to the Product for which the User has enrolled or in relation to any kind of payment done, as per applicable laws. The Startup Board will raise invoice for the above which shall be inclusive of all applicable Taxes.
You as a User agree to pay the Product Fees for any enrolment requested, in connection with your User Account. The Startup Board will collect the Product Fees pursuant to the Payments Terms.
Once you're confirmed enrolment transaction is complete you will receive a confirmation email by Us summarizing your confirmed enrolment.
The Startup Board reserves the right to change prices without advance notice and, to offer promotions periodically for all or certain Products. Prices for the current subscription may not change but can change for subsequent subscriptions. Offers on a particular subscription may not be valid for subsequent subscriptions
All cancellation and/or refund are to be processed as per the Cancellation and Refund Policy.
Any taxes on the amount collected from the Users shall be charged as per the applicable law. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Product Fees set by The Startup Board.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies The Startup Board endorsement, partnership or otherwise misleads others as to your affiliation with The Startup Board;
dilute, tarnish or otherwise harm the The Startup Board brand in any way, including through unauthorized use of Collective Content, registering and/or using The Startup Board or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to The Startup Board domains, trademarks, taglines, promotional campaigns or Collective Content;
copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of The Startup Board or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an The Startup Board Student;
register for more than one Account or register for an Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;
contact another Member for any purpose other than asking a question related to an Enrolment, Course, Listing, or the Member's use of the Site, Application and Services;
recruit or otherwise solicit any Member to join third-party services or websites that are competitive to The Startup Board, without The Startup Board's prior written approval;
recruit or otherwise solicit any Member to join third-party services, applications or websites, without Our prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Application or Services;
use the Site, Application, Services or Content to find a User and then complete an enrolment of Product independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to The Startup Board's provision of the Services or for any other reasons;
violate these Terms or The Startup Board's then-current Policies and or Standards;
engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, The Startup Board's name, any The Startup Board trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without The Startup Board's express written consent;
access, tamper with, or use non-public areas of the Site, Application or Services, The Startup Board's computer systems, or the technical delivery systems of The Startup Board's providers;
attempt to probe, scan, or test the vulnerability of any The Startup Board system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by The Startup Board or any of The Startup Board's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
advocate, encourage, or assist any third party in doing any of the foregoing; or accept or make a payment for Course Fees outside The Startup Board. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold The Startup Board harmless from any liability for such payment.
The Startup Board has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, The Startup Board may take a range of actions against you, including but not limited to deactivating or cancelling Account, for a violation of this Section or these Terms.
The Startup Board may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against The Startup Board or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of The Startup Board, its users, or members of the public.
You acknowledge that The Startup Board has no obligation to monitor your access to or use of the Site, Application or Services or to review or edit any Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
The Startup Board reserves the right, at any time and without prior notice, to remove or disable access to any Content that The Startup Board, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to The Startup Board by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
The Site, Application, Services, and all Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, Application, Services and Content, including all associated intellectual property rights, are the exclusive property of The Startup Board and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of The Startup Board used on or in connection with the Site, Application, Services, and The Startup Board Content are trademarks or registered trademarks of The Startup Board in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Content are used for identification purposes only and may be the property of their respective owners. As a User, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including The Startup Board's Trademark & Branding Guidelines (as may be updated from time to time).
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Subject to your compliance with these Terms, The Startup Board grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.
Subject to your compliance with these Terms, The Startup Board grants you a limited, non-exclusive, non-transferable license, to (a) access and view any Content solely for your personal and non-commercial purposes and (b) access and view any Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by The Startup Board or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit any content on or through the Site, Application, Services, or through The Startup Board promotional campaigns and that you hereby grant to The Startup Board a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Site, Application and Services. The Startup Board does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
You acknowledge and agree that you are solely responsible for all the content that you make available through the Site, Applications, Services or through The Startup Board promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all such content that you make available through the Site, Application, Services or through The Startup Board promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to The Startup Board the rights in such content, as contemplated under these Terms; and (ii) neither such content nor your posting, uploading, publication, submission or transmittal of such content or The Startup Board's use of the same (or any portion thereof) on, through or by means of the Site, Application, the Services or The Startup Board promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that The Startup Board is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Startup Board of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at email@example.com. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified; and (v) All Feedback you give us will be the sole and exclusive property of The Startup Board.
The Startup Board respects copyright law and expects its users to do the same. It is The Startup Board's policy to terminate in appropriate circumstances the Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
This Agreement shall be effective for till the time You access or use the Site, Application or Services or by downloading or posting any content from or on the Site, via the Application or through the Services Until such time when you or The Startup Board terminate the Agreement as described below.
Termination for convenience
You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your Account, any confirmed enrolment will be automatically cancelled, and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, The Startup Board may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
Termination for breach, suspension, and other measures
(i) The Startup Board may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) The Startup Board believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, The Startup Board or third parties, for fraud prevention, risk assessment, security or investigation purposes.
(ii) In addition The Startup Board may deactivate or delay reviews, or other Content, cancel any pending or confirmed enrolments, limit your use of or access to your Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Account, or temporarily or permanently suspend your Account if (i) you have breached these Terms or our Policies, including material and nonmaterial breaches and receiving poor ratings from Students, or (ii) The Startup Board believes in good faith that such action is reasonably necessary to protect the safety or property of Members, The Startup Board or third parties, for fraud prevention, risk assessment, security or investigation purposes.
(iii) In case of non-material breaches and where appropriate, you will be given notice of any measure by The Startup Board and an opportunity to resolve the issue to The Startup Board's reasonable satisfaction.
Consequences of Termination
(i)If we take any of the measures described above we may (i) communicate to the Students that a pending or confirmed enrolment has been cancelled, (ii) refund the Students in full for any and all confirmed enrolments, irrespective of pre-existing cancellation policies, (iii) support the Students, on an exceptional basis, in finding potential alternative Courses, and (iv) you will not be entitled to any compensation for confirmed enrolments that were cancelled.
(ii)If You or We terminate this Agreement, we do not have an obligation to delete or return to you any of your Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Account or any of your Content. If your access to or use of the Site, Application and Services has been limited or your Account has been suspended or this Agreement has been terminated by us, you may not register a new Account or attempt to access and use the Site, Application and Services through other Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
The Site, Application, Services and Content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, The Startup Board explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of producting or usage of trade. The Startup Board makes no warranty that the site, application, services, collective content, including, but not limited to, any Products, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Startup Board makes no warranty regarding the quality of any Products, Mentors, Investors, Vendors, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Site, Application or Services.
No advice or information, whether oral or written, obtained from The Startup Board or through the Site, Application, Services or Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, any User. You understand that The Startup Board does not make any attempt to verify the statements of users of the Site, Application or Services or to review any Product. The Startup Board makes no representations or warranties as to the conduct of users of the Site, Application or Services or their compatibility with any current or future users of the Site, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, Students, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by The Startup Board. The Startup Board explicitly disclaims all liability for any act or omission of any Student or other third party.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Application, Services and the content available on the Site, your enrolment of any Product via the Site, Application and Services, and any contact you have with other users of The Startup Board whether in person or online remains with you. Neither The Startup Board nor any other party involved in creating, producing, or delivering the Site, Application, Services, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Application, Services, from any communications, interactions or meetings with other users of the Site, Application, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Application, Services, or from your Enrolment of any Product via the Site, Application And Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not The Startup Board has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will The Startup Board's aggregate liability arising out of or in connection with these Terms and your use of the Site, Application and Services including, but not limited to, your enrolment of any Product via the Site, Application and Services, or from the use of or inability to use the Site, Application, Services, and in connection with any Product or interactions with any other members, exceed the amounts you have paid or owe for enrolments via the Site, Application and Services as a student in the three (3) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Startup Board and you.
You agree to release, defend, indemnify, and hold The Startup Board and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or any content of the Site or your violation of these Terms; (b) your content; (c) your (i) interaction with other users of The Startup Board, (ii) enrolment of any course; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a Product.
Except as they may be supplemented by additional The Startup Board policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between The Startup Board and you regarding the Site, Application, Services, Content (excluding Payment Services), and any enrolments made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between The Startup Board and you regarding enrolments, the Site, Application, Services, and Content (excluding Payment Services).
Any communication, including notices, will be in writing and given by The Startup Board (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in New Delhi for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Any dispute, claim or controversy arising out of or relating to this Terms including the determination of the scope or applicability of this Terms to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator to be appointed by The Startup Board. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
The failure of The Startup Board to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of The Startup Board. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
In addition to above, You further understand and agree as under:
The Startup Board reserves the right to use the photograph and/or any other details provided by the User for any publicity or promotional activities, especially in case the student secures position/success in any national level entrance tests.
The Startup Board shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us.
The Startup Board is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond The Startup Board’s reasonable control.
You may not assign or transfer these Terms, by operation of law or otherwise, without The Startup Board's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Startup Board may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The Startup Board reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) provided by Us with or without notice. You agree that The Startup Board shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services. It is Your responsibility to review these Terms periodically for updates/changes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of The Startup Board or any person firm or corporation having posted information for availability through the Services provided by us.
You agree that in the event Your post or Your information violates any provision of this Terms, We shall have the right to refuse to provide You or any person acting on Your behalf, access to the Site and Application, terminate and/ or suspend Your access if applicable in the future.