Terms and Conditions

Terms and Conditions

  1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

  1. Credit

2.1    This document was created using a template from SEQ Legal (https://www.contractology.com).

  1. Copyright notice

3.1    Copyright (c) 2019 StepVue Consulting Private Limited.

3.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Licence to use website

4.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)     print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use our website services by means of a web browser,

         subject to the other provisions of these terms and conditions.

4.2    Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3    You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

4.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)     show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

4.6    Notwithstanding Section 4.5, you may redistribute our newsletter, videos, podcast in print and electronic form to any person.

4.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Acceptable use

5.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)     use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)   access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of search engine indexing;

(f)     violate the directives set out in the robots.txt file for our website; or

(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 

5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Registration and accounts

6.1    To be eligible for [an account] on our website under this Section 6, you must provide accurate information.

6.2    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3    You must not allow any other person to use your account to access the website.

6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5    You must not use any other person’s account to access the website[, unless you have that person’s express permission to do so].

  1. User login details

7.1    If you register for an account with our website, you will be asked to choose a user ID and password.

7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

         at any time in our sole discretion without notice or explanation.

8.2    You may cancel your account on our website using your account control panel on the website.

  1. Your content: licence

9.1    In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media including but not limited to this website

9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

10.1  You warrant and represent that your content will comply with these terms and conditions.

10.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)     infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)     constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner;

(m)   be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)     cause annoyance, inconvenience or needless anxiety to any person.

 

  1. Limited warranties

11.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)     that the website or any service on the website will remain available.

11.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3  To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

12.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)     limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

12.2  The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)    are subject to Section 12.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3  To the extent that our website and the information and services on our website are provided based on best available information, we will not be liable for any loss or damage of any nature.

12.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. There will not be any refund of payments in any case whatsoever.

12.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Breaches of these terms and conditions

13.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)     permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website]

(f)     commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

13.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Variation

14.1  We may revise these terms and conditions from time to time.

14.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. 

14.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

  1. Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

16.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

17.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

18.1  Subject to Section 12.1, these terms and conditions[together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

19.1  These terms and conditions shall be governed by and construed in accordance with courts of Jaipur.

19.2  Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of Jaipur & Rajasthan.

  1. Statutory and regulatory disclosures

20.1  We are registered in India; and our registration number is [number].

  1. Our details

21.1  This website is owned and operated by StepVue Private Limited.

21.2  We are registered in India under registration number U93090RJ2019PTC065746 , and our registered office is at Jaipur

21.3  Our principal place of business is at India.

21.4  You can contact us:

(a)    using our website contact form;

(c)    by telephone, on the contact number published on our website from time to time; or

(d)   by email, using the email address published on our website from time to time.

 

StepVue Brand Squad Terms & Conditions

The following agreement is for the StepVue Brand Squad-Campus Ambassador Program from StepVue Private Limited (herein referred to a StepVue)

Please read carefully the terms of this StepVue Brand Squad-Campus Ambassador Agreement and only signup if you agree to be bound by these terms.

By participating in the StepVue Brand Squad-Campus Ambassador program, you are agreeing to all the following Terms and Conditions (the “Agreement”).

HOW THE PROGRAM WORKS

Brand Squad Members will post offers on their pages with sign up links. Ambassadors are credited ONLY if customers complete a purchase using their sign-up link or StepVue successfully delivers a paid training session or lecture at the college/university/business school/company. In other words, if someone sees an ambassador’s social post and doesn’t complete the purchase using the ambassador’s sign up link, they will NOT receive credit for the purchase. No credit would be provided for training session or lecture conducted by StepVue at free-of-cost basis.

ELIGIBILITY

There are 4 basic requirements for participating in StepVue Brand Squad-Campus Ambassador Program.

1.    Brand Ambassador must be 18 years or older to participate.

2.    Brand Ambassador must have and actively use at least one social media channel (e.g. Instagram, Facebook, YouTube, LinkedIn, Twitter etc.).

3.    Brand Ambassadors must be in compliance with all StepVue guidelines, and the terms and conditions of this Agreement.

4.    Brand Ambassadors must have a social following that is like our target demographic (students and professionals between ages 18-35 years) and have at least 1,000 followers on any given social media site.

StepVue reserves the unconditional right to accept or deny any Brand Ambassador who applies via our website or email.

The Brand Ambassador agrees and understands that if any of their communications associated with or for this promotion (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, that Brand Ambassador will be deemed, at the sole discretion of the Company, ineligible to participate in all Brand Ambassador promotions. The Brand Ambassador in question will then be disqualified from receiving any further commission, recognition, communication or compensation from StepVue.

The Brand Ambassador may also be immediately removed from any & all promotions and Brand Ambassador subscription (and will be in violation of this Agreement) if, at the sole discretion of the Company, the Brand Ambassador’s marketing:

1.    Contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;

2.    Contains information regarding, promotes or links to a site that provides information about or promotes illegal activity;

3.    Promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;

4.    Contains, promotes or links to sexually explicit or violent material;

5.    Uses the Promoter’s banners, brand name, likeness, images, and videos, on their own websites, thus creating market and consumer confusion (which is usually referred to as copyright or trademark infringement, and is illegal). In short: you may not present our banners, images or videos as if they are your own on your own site’s or any other site’s, as it may cause a customer to opt-in thinking they are signing up to receive our communications rather than yours. We firmly believe that if you wish to generate sales, it is in your best interest to establish your own identity, voice, brand and sites, and authentically promote our program(s) in your own way – not posing as its creators;

6.    Is, for any other reason, deemed to be unsuitable by the Company;

StepVue reserves the right to disqualify and revoke a Brand Ambassador’s standing from any Brand Ambassador program, cancel pending commissions based on inappropriate behavior or marketing by the Brand Ambassador, and to amend this Promotion or Agreement at any time without notification to Brand Ambassador.

BRAND AMBASSADOR LINKS

The Brand Ambassador may ONLY utilize their unique link, provided by the Promoter, on the Brand Ambassador’s own websites, social media accounts or emails. The Brand Ambassador may NOT post their link on other websites that are not owned or maintained by the Brand Ambassador or the Brand Ambassador’s brand, with the exception of ads or social media placements. Spamming the internet with links outside of Brand Ambassador’s direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of all Brand Ambassador benefits, prizes and commissions.

Links are intended to drive new customers to the Promotion. The Brand Ambassador may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions.

The Brand Ambassador may also not purchase the Product through their link for personal use and receive a commission on that sale.

All customer information collected during the Promotion shall be owned by the Promoter and it is at the sole discretion of the Promoter whether or not the customer information will be shared with the Brand Ambassador.

PAYMENT DETAILS

StepVue service benefits and other prizes will be paid once a month as stated in the Brand Ambassador document provided. Brand Ambassador commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. If a sale is cancelled or refunded for any reason, any paid commission will be deducted from the amount owed to the Brand Ambassador and any subsequent payment.

Promoter is NOT responsible for the Brand Ambassador using or maintaining their Brand Ambassador links and only sales tracked through the Promoter’s system will count towards the Brand Ambassador’s commissions. All sales and commission numbers are tallied by the Promoter and all final sales and commission numbers are at the sole discretion of the Promoter.

While the Promoter makes every reasonable effort to accurately track and pay commissions for all Brand Ambassador sales, the Promoter is not responsible, nor under any circumstances will be held liable, for any technical difficulties, outside events, actions by other Brand Ambassador, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to track sales or pay commissions.

Under no circumstances will Promoter be held liable for any incidental, indirect, or consequential damages, or any loss of revenue or profit that results from the Brand Ambassador’s participation in this program.

RELATIONSHIP

Potential Ambassador understands and agrees that the arrangement is not deemed to create an employment, partnership, or joint venture between StepVue and any ambassador or Brand Squad Member.

RESTRICTIONS

The Brand Ambassador may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and permission of the Promoter.

Brand Ambassador may not:

1.    Frame the Brand Ambassador’s website to look like the Promoter’s website or to utilize the Promoter’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website;

2.    Take any action that could reasonably cause any customer confusion as to Brand Ambassador’s relationship with Promoter, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;

3.    Read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity;

4.    Seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Promoter intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter. Promoter may cancel the Brand Ambassador participation in this subscription, withhold or cancel commissions, or take any other action at its sole discretion should the Brand Ambassador carry out any of the behavior above or fail to operate with integrity or within the guidelines of the FTC;

5.    Seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Promoter or the trade or service marks or names of Promoter’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter.

CONFIDENTIALITY AGREEMENT

The Brand Ambassador hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information – disclosed or otherwise – that comes into its possession under or in relation to this Agreement.

Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the Promoter’s business: sales figures, software passwords, Promoter list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of the Promoter.

The Brand Ambassador shall not disclose the terms of this Agreement to any third party other than to the Brand Ambassador’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this Agreement.

This Agreement imposes no obligation of confidentiality on the Brand Ambassador with regard to any portion of Promoter’s confidential information (a) that is part of the public domain at the time of disclosure; or (b) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of the Brand Ambassador; or (c) if Brand Ambassador can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (d) if permission to use or disclose said confidential information is first obtained by Brand Ambassador in writing from Promoter; or (e) if Brand Ambassador is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.

INDEMNIFICATION AND LIABILITY

The Brand Ambassador agrees to indemnify and hold harmless StepVue from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which the Brand Ambassador may be subject to be rendered, except those claims that are judicially determined to have resulted from Company’s gross negligence or willful misconduct.

TERMINATION

The relationship between the Parties may be terminated by either party on 30 days written notice prior to termination. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.

SEVERABILITY

If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.

FINAL AGREEMENT

This Agreement is the final, complete and exclusive agreement between StepVue and the Brand Ambassador with respect to the subject matter hereof and supersedes and merges all prior discussions between us with respect to such subject matter. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing and signed by an authorized representative of StepVue.