Terms of Use

Help Center

Agreement:
Please read these terms of use (“Terms”/ “Agreement”), a legal agreement between OMSR MEDIA PVT. LTD, a private limited company registered under the Companies Act 2013 under the CIN number U72900HR2016PTC064982 whose registered office is E-15, FF, Vipul World, Sector 48, Gurgaon-122018, Haryana (Hereinafter “OMSR MEDIA PVT. LTD”, “Company”, “Us”, “We”) represented by its legal representative domiciled in such capacity at the said registered office, On one hand,

AND

the Members (defined below) of the second part (hereinafter collectively referred to as “you” , “yours” or “Users”, “Member”).

On the other hand.

The Terms shall govern use of and access to the domain   and the “ConnecWrk” technology platform accessible through desktops, mobile phones, smart phones and tablets (“ ConnecWrk”) which offers a platform to Users who register on ConnecWrk platform (Hereinafter “Members”)  a suite of “Services” (Defined below. At this stage, most of the Services are available free of charge; however, the Company reserves its rights to introduce some Services which will be optional, offered at a cost (hereinafter “Subscribed Services”) and are reserved to those Members who choose to subscribe to those Services (hereinafter, "the “Subscribers”") and thus accept the Special Terms of Sale presented when registering for the subscription as and when the said Subscribed Services are available.

Moreover, all Subscribers are ipso facto Members and therefore accept these Terms of Use. 

By accessing the ConnecWrk platform  and registering prior to using it, as described in Article 1 hereunder, Members acknowledge that they meet the requirements to become Members, as defined in Article 1.1 hereunder, that they have read these Terms of Use and Privacy Policy, and that they agree to abide by them unreservedly; these Terms of Use consequently constitute a contractual agreement between each Member and the Company. Access to and the use of Subscribed Services available on the ConnecWrk platform  may also be subject to Special Terms of Sale and to Recommendations, which form part of this Agreement, as well as to the Privacy Policy, which the Member commits to reading and complying with at all times. These Terms of Use, along with these other documents and the Service and registration forms and other documents which the Members may enter when subscribing to the Subscribed Services (hereinafter “Subscription Registration Forms”) as and when the Subscribed Services are introduced form part and parcel of these Terms.

Should a Member refuse to comply with any of the obligations and conditions contained in these Terms or in any of the other documents, he/she shall be informed neither to access the ConnecWrk  platform nor to use it.

Article 1. Registration to the Service

1.1. Membership

In order to be able to register yourself as a Member  on the ConnecWrk platform, You represent and warrant to the Company that: (a) You are of legal age and are legally competent and have the authority to enter into this Agreement; (b) this Agreement is binding and enforceable against you; (c) If you are using the ConnecWrk platform on behalf of any other person/s (including individuals) or entity (including bodies corporate and others), you further represent and warrant that you are authorized to accept these Terms on such entity's/person's behalf, and that such entity agrees to indemnify the Company for violation of these Terms; (d) you are authorized to transfer payment for Subscribed Services as and when applicable payable through the use of the ConnecWrk platform; (e) You authorize the transfer of payment for Subscribed Services requested through the use of the ConnecWrk platform ; (f) You may be required to provide your complete name, age proof, identity proof; details of your bank account, Permanent Account Number (PAN), residence/office proof etc. and (g) most importantly that all the information provided at the time of registration is correct, verified and true.

1.2. Mandatory registration prior to access to the Services

To be able to use the Services, Members must first register by completing the Registration Form, accessible online at the ConnecWrk platform(hereinafter, "the “Form”" or "“Registration Form”"). By completing this Form, the Member acknowledges having read these Terms of Use and accepts abiding by them unreservedly. 

By completing the Registration Form, the Member guarantees the Company he/she has provided accurate, truthful, current and complete information concerning his/her identity, professional activity and personal data including, but not limited to first name,  family name, user name ("User Name"), corporate e-mail address, phone number and a password that will be used to access the Service. He/she specifically commits to provide an effective electronic address he/she owns.  If he/she is not acting on his/her own behalf, he/she guarantees he/she is acting on behalf of a physical or moral person who meets the above conditions, whom he/she legally represents or from whom he/she has been granted an explicit mandate to enter into an agreement with OMSR MEDIA PVT. LTD, and who has allowed him/her to provide the information required to use the Service, under the conditions defined herein. 

The Member commits to update all information concerning him/her regularly in his/her profile, to preserve their accurateness, in his/her own interest, considering the purpose of the Service. Each Member may, at any time, modify the data concerning him/her which he/she deems useful or necessary, by clicking on the “Edit” link accessible in the various sections of his/her profile, including those data concerning his/her registration data, through the “My Profile” section accessible from his/her profile. 

The Member is hereby informed that OMSR MEDIA PVT. LTD may verify Registration Forms completed over the ConnecWrk platform and reserves the right to suspend the provision of the Service to any Member whose registration mode should violate these Terms of Use. 

Should a Member provide false, improper, expired or incomplete data, OMSR MEDIA PVT. LTD reserves the right to suspend or terminate the Agreement and his/her account, and to refuse him/her future access to all or part of the Service. 

Should a Member violate applicable laws, and particularly criminal laws, or those laws intended to protect third-party rights, or should his/her conduct harm a person’s interests, whosever this may be, including OMSR MEDIA PVT. LTD or any company with a legal relation to OMSR MEDIA PVT. LTD, or prejudice another Member’s use of the Service, OMSR MEDIA PVT. LTD reserves the right to suspend or terminate the contract and his/her account, without prior notice, and to refuse him/her future access to all or part of the Service.

Under no circumstance shall OMSR MEDIA PVT. LTD be held liable by users or third parties for any error, omission, or inexactness which may arise in the information provided by a Member.

1.3 Members and Visitors

When you register and join the ConnecWrk Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.

1.4. Introducing new members to ConnecWrk

Should a Member wish to invite and introduce a person so that the latter may use the Service, he/she shall provide OMSR MEDIA PVT. LTD with the full name (last and first) and electronic address of said person. He/she shall previously have obtained this person’s consent to the communication of his/her personal data to OMSR MEDIA PVT. LTD and to the use of said data by the latter in the invitation and introduction process of ConnecWrk. OMSR MEDIA PVT. LTD does not store such data if said person does not register with the Website.

1.5 Amendments

We may modify these Terms, Privacy Policy from time to time. We’ll notify you once we make changes to these Terms and give you the opportunity to review the revised terms before continuing to use our Services. If you object to any changes, you may choose to close your account. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated Terms.

Article 2. Use of the ConnecWrk platform

Subject to compliance with the registration conditions set forth in Article 1, Members may use the free Services offered on ConnecWrk platform. 

Members may also take one or more of the Subscriptions offered by OMSR MEDIA PVT. LTD for the Subscribed Services when introduced. 

The price of the Subscriptions may be consulted on line on the ConnecWrk platform , within the Subscription Page pertaining to each Subscription, as well as upon request to OMSR MEDIA PVT. LTD.

Generally, Members shall refrain, when using the ConnecWrk platform , from committing acts of whatever nature, such as the issue, publication, uploading or distribution of data and/or contents which are against the law, undermine the public order, or violate the rights of OMSR MEDIA PVT. LTD or of third parties. 
Specifically, when using ConnecWrk platform , Members shall abide by the rules, which include but are not limited to the following: 

  • Communicating accurate and true information upon their registration and when using the ConnecWrk platform ; 
  • Not using false identities intended to deceive others; 
  • Abiding by applicable laws and respecting the rights of others, and complying with these contractual stipulations;
  • Using the ConnecWrk platform in a legitimate manner, exclusively in accordance with its professional purpose, and in accordance with the applicable legal and regulatory provisions and with current practices;
  • Respecting the intellectual property rights pertaining to the contents provided by OMSR MEDIA PVT. LTD and by other Members, as well as the  intellectual property rights of third parties; therefore, each Member shall refrain from reproducing and/or communicating to the general public, through the ConnecWrk platform , one or more contents without the authorization of the holders of the rights to said pertaining contents, when such authorization is required; 
  • Not diverting or attempting to divert any of the ConnecWrk platform’s functionalities from its normal use, as defined herein; 
  • Not overloading the Service in any manner whatsoever.
  • Not using a robot software or any equivalent automated process or tool when browsing or accessing the ConnecWrk platform or using the Service; 
  • Committing to communicate to OMSR MEDIA PVT. LTD and to other Members only information the distribution of which, in their opinion, shall under no circumstance harm themselves, other Members, OMSR MEDIA PVT. LTD, or third parties; 
  • Not distributing data, information or contents of a slanderous, insulting, obscene, offending, violent character or violence-inciting nature, or of a political, racist or xenophobic nature, and generally, any contents which might be contrary to applicable laws and regulations or to public decency; 
  • Not distributing data, information or contents intended to reduce, disorganise or hinder the normal use of the ConnecWrk platform, or to interrupt and/or slow down the normal flow of communications between Members; 
  • Not using the Service for mass-mailings of unsolicited messages (advertising or other); 
  • Not collecting information regarding third parties, including electronic addresses, to be used to send commercial or equivalent solicitations, or to be integrated within a referencing or equivalent service, whether free or against payment, or to be used in the conduct of a competition watch; 
  • Not using the Service, whether directly or indirectly, to offer goods to the public and enticing them to expect to receive these free of charge or in exchange of remuneration which is lower than their real value, and conditioning the goods’ obtainment to the selling of tickets or other such instruments to third parties or to the gathering of subscription or registration of new purchasers; 
  • Refraining from participating, whether directly or indirectly, in setting up or developing a network seeking to implement practices assimilated to network sales (Multi-Level Marketing - MLM), the recruitment of members, affiliated members to constitute such a network or other similar practices. 
  • To not directly or indirectly promote one of ConnecWrk’s competitors or a service on the ConnecWrk platform. 
  • Imply or state that you are affiliated with or endorsed by the Company without our express consent (e.g., representing yourself as an accredited OMSR MEDIA PVT. LTD.  trainer);
  • Post anything that contains software viruses, worms, or any other harmful code.
  • You undertake that Your use of the ConnecWrk platform  shall be subjected to the following restrictions (a) You will not delete or modify any content on the ConnecWrk platform including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify; (b) You will not decompile, reverse engineer, or disassemble the ConnecWrk platform ,. You further agree not to access or use the ConnecWrk platform  in any manner that may be harmful to the operation of this ConnecWrk platform or its content; (c) You will not use the ConnecWrk platform and / or Services in any way that is unlawful, or harms the Company or any other person or entity,; (d) You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet and (e)You will not host, display, upload, modify, publish, transmit, update or share any information that —belongs to another person and to which you do not have any right to; and which information is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

In case of a Member’s breach of one or more of these rules, OMSR MEDIA PVT. LTD reserves the right to suspend and/or terminate the Contract unilaterally, to block  the account(s) of the Member(s) involved, , and/or to block his/her/their access to all or part of the Service, whether temporarily or definitively, without compensation. 

Members may report any behaviour or content on the ConnecWrk platform , which is evidently contrary to the aforementioned rules, describing it and its location on the ConnecWrk platform. Members are hereby informed, however, that any abusive description may itself be punished in accordance with the applicable regulation.

Article 4. Your Rights and Limits

4.1 User’s license of ConnecWrk platform and Service

You retain your rights to any Content you submit, post or display on or through the Services as a User (Your Content/User Content). You own your Content (and your photos and videos are part of the Content).
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods.

These rights are limited in the following ways:

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it, (b) for the reasonable time it takes to remove from backup and other systems and (c) for period mandated by law for which data has to be kept by the Company.
  2. We will not include your Content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information.

 

  1. We will get your express consent if we want to give third parties the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your choices (including settings).

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

You hereby grant the Company a perpetual, non-revocable, worldwide, royalty-free license to make use of the Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of as the case may be.

You agree to only provide Content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful.

4.2 Using the Services on the ConnecWrk platform

(i)    You may use the  ConnecWrk platform to create your Account and access the various features and Services available on the ConnecWrk platform by registering as a Member.

(ii)   You may use the ConnecWrk platform to upload Your profile containing Your name, Your email address, and other information you wish to upload.

(iii) You may use the ConnecWrk platform to message and share various information,  such as your profile, links to news articles, job postings, messages and blogs, receive notifications, search for contacts, send invitations, messages, upload documents. Information and content that you share or post may be seen by other Members or Visitors. Where we have made settings available, we will honour the choices you make about who can see content or information (e.g., message content to your addressees, restricting the visibility of your profile from search engines, sharing content only to contacts on ConnecWrk, or opting not to notify others when you update your profile on ConnecWrk).

(iv) You may also use the ConnecWrk platform to connect with other Members and share information/documents/Content with them.

(v)  You may use the ConnecWrk platform to join, create or follow Groups. If you are a company You may use Corporate Connect on the ConnecWrk platform to create your company profiles to showcase your business, inform other Members about your products and services.

(vi) You may use ConnecWrk platform to write, post and read articles; post, create and attend events posted on the ConnecWrk platform.

(vii) You may use ConnecWrk platform to describe projects that you are working on, receive offers from freelancers and also choose freelancers registered on the ConnecWrk platform.

(viii) If you are a small or medium enterprise You may use SMB ConnecWrk to enable small and medium scale businesses enhance their online presence. SMBs can post photos, videos and updates to drive engagement with their target customers.

(ix) If you are an artist, performer, business speaker, professional trainer/coach etc, then You may use Talent Connect to upload your profile and specimens of your work. Through Talent Connect you will be able to showcase your talent to companies, corporates, individuals who are registered as Members on ConnecWrk. By uploading your profile on Talent Connect you  are granting the Company a non-exclusive right to represent and market your profile to prospective customers including those enquiries coming through Talent Connect from corporates or other Members who are registered on ConnecWrk platform.

(x) If you are a corporate or an individual who is registered as a Member on ConnecWrk platform you can use Talent Connect to search for artists, performers, business speakers, and professional trainers/coaches etc. who are registered as Members to perform at events. Once you have browsed through the various talents available on Talent Connect and made your choice, You can send us a query and our team will get in touch with you to take the process forward, which includes, negotiating with the artist, fee negotiations, transport and  accommodation etc.

(xi) You may also use the ConnecWrk platform to search for job openings. As a default setting we do not notify your connections, network or the public. So if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster. We do not guarantee a job but will use our best endeavours to help job seekers in finding the right career opportunity and the recruiters get in direct contact with the prospective candidates. If you are company or recruiter looking for job seekers, You may use ConnecWrk to post job openings on the platform and reach out to suitable candidates who are registered as Members.

(vi) You may use the ConnecWrk platform to pay Subscription for the Subscribed Services as and when applicable.

Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you. ConnecWrk is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

4.3 Other Content, Sites and Apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. ConnecWrk does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your ConnecWrk account, that app or site can access information on ConnecWrk related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, OMSR MEDIA PVT. LTD is not responsible for these other sites and apps – use these at your own risk. Please see our Privacy Policy.

4.4 Limits and Termination

OMSR MEDIA PVT. LTD reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. OMSR MEDIA PVT. LTD reserves the right to restrict, suspend, or terminate your account if OMSR MEDIA PVT. LTD believes that you may be in breach of this Contract or law or are misusing the Services or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Services available on ConnecWrk platform to you.

4.5 Intellectual Property Rights

OMSR MEDIA PVT. LTD reserves all of its intellectual property rights in the ConnecWrk platform and Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services, except Content posted by you. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. ConnecWrk logo and other trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of OMSR Media Pvt. Ltd.

Article 5. Disclaimers, Limitations of Liability and Indemnity

The Services are Available “AS-IS”

Your access to and use of the ConnecWrk platform, Services or any Content are at your own risk. You understand and agree that the ConnecWrk platform and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. . Without limiting the foregoing, to the maximum extent permitted under applicable law, OMSR MEDIA PVT. LTD., its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT of the ConnecWrk PLATFORM OR SERVICES PROVIDED THEREIN. OMSR Media Pvt. Ltd. makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from OMSR Media Pvt. Ltd. or through the Services, will create any warranty or representation not expressly made herein. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE ConnecWrk PLATFORM, SERVICES OR THE INFORMATION ON THE ConnecWrk PLATFORM INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS OR THE SYSTEM.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER LAW , OMSR MEDIA PVT LTD. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, THE ConnecWrk PLATFORM,; (ii) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INFORMATION, MATERIALS OR SUBSTANCE AVAILABLE ON THE ConnecWrk PLATFORM OR SUBMITTED CONTENT; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ConnecWrk PLATFORM OR THE WEBSITE AND/OR APPLICATION BY ANY THIRD PARTY;; OR (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION NOTWITHSTANDING THE ABOVE, IN THE EVENT COMPANY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND THE COMPANY AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF ANY PLATFORM FEES RECEIVED BY THE COMPANY FROM YOU IN THE PRECEDING TWELVE MONTHS IN CONNECTION WITH USE OF THE ConnecWrk PLATFORM AND SERVICES OR INR 5000 WHICHVER IS LOWER. YOU AND THE COMPANY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY.

SOME LAWS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO THE ConnecWrk PLATFORM AND SERVICES; YOUR VIOLATION OF ANY PROVISION OF THE TERMS, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY TRADEMARK, COPYRIGHT, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY OR INFRINGED ANY THIRD PARTY INTELLECTUAL PROPERTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE ConnecWrk PLATFORM AND SERVICES.

If anyone brings a claim against the Company related to your actions, content or information shared or posted on ConnecWrk, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although the Company provides rules for Members conduct, the Company does not control or direct Member’s actions on ConnecWrk and is not responsible for the content or information Members transmit or share on ConnecWrk. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on ConnecWrk. The Company is not responsible for the conduct, whether online or offline, of any Member registered on ConnecWrk.

Article 6. Governing Law and Jurisdiction

The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Delhi, subject to Article 7 below, shall have jurisdiction.

Article 7. Arbitration

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of ConnecWrk platform or the Services or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. 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. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

Article 8. Intellectual Property Infringement Take Down Procedure

The Company has high regard for intellectual property and expects the same level of standard to be employed by Members registered on the ConnecWrk platform. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the ConnecWrk platform to Members who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the ConnecWrk platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at help@konectt.com

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii)identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the ConnecWrk platform, and information reasonably sufficient to permit the Company to locate the material;
(iii)a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv)information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v)an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi)a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
Only the intellectual property rights owner is permitted to report potentially infringing items through Company’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

Article 9 Grievance officer:

In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows:

Name: Tarun Grover
Email Id: grievance@connecwrk.com

Article 10 Miscellaneous Provisions:

(i) Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

(ii) Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid nationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth above.
(iii) Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
(iv) Force Majeure: Company shall not be liable for any downtime or delay or unavailability of the ConnecWrk platform caused by circumstances beyond Company's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
(v) Assignment: You may not assign or sub-license, without the prior written consent of Company, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
(vi) Conflict: In the event there is any conflict between the terms set out in these Terms, the Privacy Policy, and any other policies applicable to specific pages of the Website, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms, and (iii) any other policies applicable to specific pages of the Website.

(vii) The Terms contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Terms of Use other than those contained or referenced in the Terms of Use.

Last updated: December 5, 2017.