TERMS AND CONDITIONS
If you continue to browse and use poshequili.com (“POSHequili/Website”), you are agreeing to comply with and be bound by the following Terms and Conditions of use (“Terms and Conditions”), which together with the Privacy Policy govern your relationship with POSHequili. If you disagree with any of these Terms and Conditions, please do not use the Website. By using this Website you represent that you are legally entitled to do so and agree to be legally bound by and act in accordance with these Terms and Conditions.
We are committed to ensure that POSHequili is accessible to all users irrespective of device in use, technology or ability. It has been built, with an aim, to provide maximum accessibility and usability to its visitors. As a result, this Website can be viewed from a variety of devices, such as web-enabled mobile devices, WAP phones, PDAs, and so on.
You are not permitted to use this Website other than for private and non-commercial purposes. Extraction of any data from this Website, including but not limited to images of posters, whether physically or by use of any automated system or software is prohibited. We reserve our right to take such action as we consider necessary, including initiating legal proceedings without further notice, in relation to any unauthorized use of this Website.
1. Terms and Conditions for ‘Discussion Forum’:
POSHequili provides you with a ‘Discussion Forum’ to interact with professionals who have registered on this Website. Please note that the ‘Discussion Forum’ is restricted to discussion on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, 2013 (“the Act and Rules”) and other laws related to sexual harassment only.
The Act and Rules clearly states that the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act is not published, communicated or made known to the public, press and media in any manner and any person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action to be taken under the law, contravenes the provisions of law, is liable for penalty. The only thing permitted as per law is that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.
THE DISCUSSION FORUM IS, THEREFORE, FOR DISCUSSION ON THE LAW ONLY. Hence, while philosophical, technical and other absurdities under the Act and Rules and related laws and procedural lapses can be discussed on this ‘Discussion Forum’, in order to comply with the law and to respect the privacy of individual complainants, respondents and others, we prohibit everyone taking part in discussions on this forum from disclosing facts of any matter and disclosing identity of people (either by taking names or otherwise). We must understand that while freedom of expression is our fundamental right, privacy is also our fundamental right.
If we find any content or comment on the ‘Discussion Forum’ which we feel is fact based or points at individuals in any way, directly or indirectly, we, at our sole discretion, will remove such content and the person uploading such content from the ‘Discussion Forum.’ However, links to newspaper articles or case laws on matters related to sexual harassment, which are public documents, may be referred to.
You understand and agree that information provided on POSHequili is for informational purpose only, and does not constitute legal advice. “Legal advice” is the application and interpretation of law to an individual’s specific circumstances, and is expressly prohibited on POSHequili. You understand and agree that you will not rely on the information presented on POSHequili for your specific situation, and that you will seek legal counsel for your own situation. You understand that POSHequili may not verify licenses of professionals who have registered on POSHequili, and that it is your sole responsibility to verify a professional’s license and credentials before making a decision to hire or seek advice from such a professional. You understand that POSHequili is not an advertising service for lawyers, and that the professionals registered with the Website may comprise of some advocates, however, such registration on POSHequili does not constitute a referral or endorsement by POSHequili.
- Other do’s and don’ts at ‘Discussion Forum’:
- Be eager to learn and share: We at POSHequili intend to create a knowledge base, a portal wherein you can gain, exchange and spread knowledge. This is only possible if each one of us take a sincere step and help. By doing this we will not only gain knowledge but also make relationships both professional and personal which will stand by us always.
- Categorize and Sub Categorize: While posting topics kindly categorize and sub-categorize properly so that the information is distributed relevantly. Always use the ‘Search’ option first: Always Search to see if a thread already exists for the topic you are interested in. Redundant threads will be deleted. Related threads are an option to find if your question on a particular subject is already answered or discussed.
- Agree to disagree: Debating and sharing your views about various issues will be great fun! But whenever you disagree with someone who thinks differently than you, disagree gracefully and with dignity. Report any abusive activity you notice by using the report abuse button.
- We are not here to quarrel with others: Personal attacks, sarcasm, abusive words, innuendoes and rude behaviour will not be taken lightly. The POSHequili Community is comprised of different types of people with diverse views. They have the right to feel at ease here, even though they may not always hold the same opinions as you do or believe in the same things. Be polite to everyone always. Members using abusive language will be permanently banned from the Website.
- Try to add value with your each post: Do not post anything that isn’t supposed to be available freely. Do not post material that violates a copyright, trademark or National and State Laws. If you are quoting someone else’s material or article, always credit the original author. Always remember you are legally responsible for any content that is surfaced in your name as per these Terms and Conditions. Avoid using fake, derogatory, abusive, duplicate profile names and attacking individuals and institutes. Continuance of the same might invite ban anytime.
- Do not Advertise (direct or surrogate) or spam on the forums or through Private Messages: POSHequili is for personal use only. If we find you trying to sell products or post advertisement links on the forums or through Private Messages, your account will be permanently banned. Do not post your email address or phone numbers in public. You don’t want your phone number or personal information to be misused by people with evil intentions, telemarketers or spammers.
2. Terms and Conditions with respect to ‘Recent Updates’:
Postings on the page ‘Recent Updates’ are for informational purposes only. Nothing herein shall be deemed or construed to constitute legal or investment advice. The opinions expressed on the page or anywhere else on the Website are those of the contributors (which may include guests) in their personal capacity and do not, in any way or manner, reflect the views of the organizations that the contributors may be presently associated with, may be associated with in the future or have been previously associated with. Discussions, on the page ‘Recent Updates’, or arising out of this page anywhere else including anywhere else on the Website or between contributors and other persons shall not create any attorney-client relationship. We strongly encourage readers of the page and the Website to take any action based on legal advice and not based on the opinions shared by contributors on this Website.
Many of the links on the page ‘Recent Updates’ and the Website in general will take you to websites operated by third parties. The contributors of this Website have not reviewed all of the information on these sites or the accuracy or reliability of any information, data, opinions, advice, or statements on these sites. The contributors do not endorse these sites, or opinions they may offer. These third-party links are offered solely for the purpose of discussion and thinking on the law of prevention of sexual harassment at workplace and other related topics. It is also possible that some of the pages linked may become inactive after the lapse of a period of time. Such third party websites may have their own terms and conditions and POSHequili does not have any control over such websites. You are requested to read their terms and conditions before you use such websites.
3. Terms and Conditions for ‘Members’:
Section 4 of the Act which deals with constitution of an internal complaints committee (“the ICC”) by an organization states under clause (3) that the ICC must have one member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment. Rule 4 of the Rules further state that ‘person familiar with issues relating to sexual harassment’ shall be a person who has expertise on issues relating to sexual harassment and may include any of the following: (a) a social worker with at least five years’ experience in the field of social work which leads to creation of societal conditions favourable towards empowerment of women and in particular in addressing workplace sexual harassment and (b) a person who is familiar with labour, service, civil or criminal law.
The intention of the website is only to bring together such external members and provide them with a platform to discuss the law and the complications under it.
As per the provisions of the Act, while external member may include an advocate as well, one must note that the platform provided by this Website is not for the benefit of advertising or soliciting by such advocates as Rule 36 of the Bar Council of India Rules framed under Rule 49 (1) of the Advocate Act, 1961 which deals with standard of conduct and etiquette, prohibits advertising by lawyers. Anyone found to be advertising or soliciting on the Website, whether directly or indirectly, shall be removed from the Website at our sole discretion.
Your Membership is only for personal use. It is not to be assigned, transferred or licensed so as to be used by any other person/entity, without the express written consent of POSHequili. POSHequili does not provide guarantee for or assurance of or subscribe to the claims and representations made by members regarding particulars of any person/business entity. As described in more detail below, to the maximum extent permitted by law we exclude all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with this Website content and the use or performance of this Website. While we endeavour to take reasonable care in preparing and maintaining the information on this Website we do not warrant the accuracy, reliability, adequacy or completeness of any of the Website content. You acknowledge and accept that the Website content may include technical inaccuracies and typographical errors.
4. Member Registration obligations:
You represent that you are of legal age to form a binding contract and are not a person barred from using POSHequili under the laws of India or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by POSHequili’s registration form (“Registration Data“) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or POSHequili has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, POSHequili has the right to suspend or terminate your account and refuse any and all current or future use of POSHequili (or any portion thereof). POSHequili is concerned about the safety and privacy of all its users.
5. Member bound by Privacy Policy:
Registration Data and certain other information about you are subject to our applicable Privacy Policy. For more information, see the full Privacy Policy. You understand that through your use of POSHequili you consent to the collection and use of this information for storage, processing, and use by POSHequili and its affiliates.
6. Member account, password and security:
You will receive a password and account designation upon completing POSHequili’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify POSHequili of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. POSHequili cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
7. Member conduct:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content“), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via POSHequili. POSHequili is not responsible for Content that you upload, post, email, transmit or otherwise make available via POSHequili and POSHequili does not control the Content posted via POSHequili and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using POSHequili, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will POSHequili be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via POSHequili.
Further, you agree to not use POSHequili to:
- upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a POSHequili official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through POSHequili;
- upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use, or cause to be used, POSHequili to facilitate the transmission of unsolicited or unauthorized material, including but not limited to promotional materials, URLs, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
- use robots or otherwise harvest others’ email addresses from POSHequili for purposes of sending unsolicited or unauthorized material.
- upload, post, email, or transmit the same message, URL, or post multiple times.
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to use POSHequili;
- interfere with or disrupt POSHequili or servers or networks connected to POSHequili, or disobey any requirements, procedures, policies, or regulations of networks connected to POSHequili, including using any device, software, or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national, or international law, and any regulations having the force of law;
- stalk or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through o above.
You acknowledge that POSHequili may or may not pre-screen Content, but that POSHequili and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via POSHequili. Without limiting the foregoing, POSHequili and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by POSHequili or submitted to POSHequili, including without limitation information in POSHequili forums and in all other parts of POSHequili.
You acknowledge, consent, and agree that POSHequili may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of POSHequili, its users, and the public.
You understand that POSHequili and software embodied within POSHequili may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by POSHequili and/or content providers who provide content to POSHequili. You may not attempt to override or circumvent any of the usage rules embedded into POSHequili. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on POSHequili, in whole or in part, is strictly prohibited.
8. International use and export and import compliance:
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of POSHequili and transfer, posting, and uploading of software, technology, and other technical data via POSHequili may be subject to the export and import laws of India and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via POSHequili to export-prohibited parties or countries; (c) will not use POSHequili for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via POSHequili any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.
9. Content submitted or made available:
POSHequili does not claim ownership of Content you submit or make available for inclusion on POSHequili. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of POSHequili, you grant POSHequili the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of POSHequili, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on POSHequili solely for the purposes of providing and promoting POSHequili.
- With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of POSHequili, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on POSHequili solely for the purpose for which such Content was submitted or made available.
- With respect to Content other than photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of POSHequili, the perpetual, irrevocable, and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of POSHequili are those areas of POSHequili that are intended by POSHequili to be available to the general public.
10. Contributions:
By submitting ideas, suggestions, documents, and/or proposals (“Contributions“) to POSHequili through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) POSHequili is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) POSHequili shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) POSHequili may have something similar to the Contribution already under consideration or in development; (e) your Contributions automatically become the property of POSHequili without any obligation of POSHequili to you; and (f) you are not entitled to any compensation or reimbursement of any kind from POSHequili under any circumstances.
11. Indemnity:
You agree to indemnify and hold POSHequili and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify, or otherwise make available through POSHequili, your use of POSHequili, your connection to POSHequili, your violation of the Terms and Conditions, or your violation of any rights of another.
12. General Practices Regarding Use and Storage:
You acknowledge that POSHequili may establish general practices and limits concerning use of POSHequili, including without limitation the maximum number of days any uploaded Content will be retained by POSHequili, the maximum number of email messages that may be sent from or received by an account on POSHaequili, the maximum size of any email message that may be sent from or received by an account on POSHequili, and the maximum number of times (and the maximum duration for which) you may access POSHequili in a given period of time. You agree that POSHequili has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by POSHequili. You acknowledge that POSHequili reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that POSHequili reserves the right to modify these general practices and limits from time to time.
13. Termination of your account:
POSHequili, under no circumstances, provides guaranteed membership and may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Termination:
You may terminate your POSHequili account, any associated email address, and access to POSHequili by submitting such termination request to POSHequili.
As stated above, you agree that POSHequili may, without prior notice, immediately terminate, limit your access to or suspend your POSHequili account, any associated email address, and access to POSHequili. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to POSHequili (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with POSHequili. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in POSHequili’s sole discretion and that POSHequili shall not be liable to you or any third party for any termination of your account, any associated email address, or access to POSHequili.
Termination of your POSHequili account includes any or all of the following: (a) removal of access to all or part of the offerings within POSHequili, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of POSHequili.
15. Terms and Conditions with respect to ‘Shop’:
Pricing:
Prices for products are described on our Website and are incorporated into these Terms and Conditions by reference. All prices are in Indian rupees. Prices, products and Services may change at POSHequili’s discretion.
Returns/Replacement Policy:
Please note that ‘Return’ is defined as the action of giving back the item purchased by the Buyer to POSHequili. POSHequili shall accept replacement of a product in case one of the following situations arise:
- Item was defective
- Item was damaged during the Shipping
- Products was / were missing
- Wrong item was sent
- Wrong size of the item was sent
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any replacement. Buyer needs to raise the replacement request within 10 days from the date of payment realization. Once Buyer has raised a return request by contacting us, Buyer shall have the option to exchange the product.
Damaged/ Defective items must be returned in the original condition they were received in with all the accompanying accessories. Replacement facility is available only via self-returns. Pick Up facility is not available on these items.
16. Cancellation of Fraudulent/Loss to business Orders:
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, POSHequili reserves the right to cancel all past, pending and future orders without any liability. POSHequili also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
17. The customer may be considered fraudulent if any of the following scenarios are met:
· Customer doesn’t reply to the payment verification mail sent by POSHequili.
· Customer fails to produce adequate documents during the payment details verification.
· Misuse of another customer’s phone/email.
· Customer uses invalid email and phone no.
· Overuse of a voucher code.
· Use of a special voucher not tagged to the email ID used.
· Customer returns the wrong product.
· Customer refuses to pay for an order.
· Customer is involved in the snatch and run for any order.
18. Payments: While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
You have specifically authorized POSHequili or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility.
You understand, accept and agree that the payment facility provided by POSHequili is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the transactions on POSHequili using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, POSHequili is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a transaction, you are entering into a legally binding and enforceable contract with POSHequili to purchase the products and/or services from POSHequili using the Payment Facility, and you shall pay the transaction price through Your Issuing Bank to POSHequili using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
The Buyer acknowledges that POSHequili will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of POSHequili.
Compliance with Laws:
Buyer shall comply with all the applicable laws (including Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and Export Import Policy of government of India) applicable to them for using Payment Facility and POSHequili.
Buyer’s arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
19. Terms and Conditions with respect ‘Trainers’:
Even though we try to provide the most accurate details about the trainers registered with us, however, we are not responsible for information related to trainers provided on this Website and/or any misrepresentation by trainers registered on this Website. Trainers registered on this website may have varying levels of knowledge and we do not certify accuracy of any information or certify that any level of expertise relevant to that information has been met.
20. Use of information at POSHequili:
As also stated earlier, your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this Website meet your specific requirements. You may not establish and/or operate links to this Website without the prior consent of POSHequili.
You must understand that any material you send to us on or via the POSHequili, which may include any data, comments records, invoices or other information shall be stored and collected by POSHequili. You must understand that even though POSHequili, at no time, will publish information you wish to be hidden from the public view, at no point will any of your information be considered to be confidential or propriety, except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy. We shall not be responsible to maintain confidentiality of the information provided by you and cannot guarantee confidentiality of your information if it reaches a third party. You must understand that we will not be liable for any action taken on your information by any party and the matter will have to be dealt with strictly between you and the other party, at your own expenses.
21. No liability on POSHequili for complaints filed:
While using this Website you agree and accept the following:
- That POSHequili shall not be responsible for any reputational damage or any complaint filed against you, your company, affiliate, partner, associate or any other person or organization associated with you due to your membership of the Website.
- You also agree that POSHequili is not liable or responsible in any manner to provide you with details or any information whatsoever of any other person who may or may not be registered with us as a member.
- You agree that POSHequili is not liable or entitled to compensate you in any manner for any use of any information provided by you.
- You agree that the services provided or the documents used by the Website do not constitute to be a legal advice nor is it a practice of law but an informative service only.
22. Linking Policy:
POSHequili may contain links to other websites operated, controlled or produced by third parties. In addition, hypertext links may be created by POSHequili for informational purposes where the linked external website will provide useful and valuable information to visitors of this Website, or where the linked external website is required or authorized by law. Unless otherwise indicated, POSHequili does not control, endorse, sponsor or approve any such third party websites or their content nor does POSHequili provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
- POSHequili is providing these links and pointers solely for your information and convenience. When you select a link to an outside website, you are leaving POSHequili and are subject to the privacy and security policies of the owners/sponsors of the outside website.
- POSHequili does not guarantee the availability of such linked pages at all times.
- POSHequili cannot authorize the use of copyrighted materials contained in linked websites. Users are advised to request such authorization from the owner of the linked website.
- POSHequili does not guarantee that linked websites comply with Indian laws.
- Hypertext links to external websites and pages may be removed or replaced at the sole discretion of POSHequili at any time without notice. In the event you discover problems with or have concerns regarding the format, accuracy, timeliness, or completeness of a linked external website, please contact the organization responsible for the linked external website.
- Your linking to POSHequili: We encourage you to link to POSHequili. Since we cannot always create reciprocal links back to your website, which may not meet our criteria for posting links. If you would like to request a link be added to POSHequili, please Contact Us.
- You acknowledge and agree that POSHequili is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that POSHequili shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
23. Accuracy of the Website: Though all efforts have been made to ensure the accuracy and currency of the content on this Website, the same should not be construed as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, users are advised to verify/check with POSHequili and to obtain appropriate professional advice.
24. Representation and Warranty:
a) POSHequili does not warrant that:
- The service will meet your requirements
- The service will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of this service will be accurate or reliable
- The quality of any products, services, information, or other material purchased or obtained by you through the use of the service will meet your expectations
b) Any errors in the software will be corrected
c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material
d) No Advice or information, whether oral or written obtained by you from POSHequili, or through the service shall create any warranty/liability against POSHequili.
e) As already stated in detail before, the material contained on this Website and on the associated web pages is general information and is not intended to be advice on any particular matter. Subscribers and readers should seek appropriate professional advice before acting on the basis of any information contained herein. POSHequili.com, its members, owners, employees, agents, representatives and the authors expressly disclaim any and all liability to any person, whether a subscriber or not, in respect of anything and of the consequences of anything done or omitted to be done by any such person in reliance upon the contents of this site and associated web pages.
25. Intellectual Property:
The materials displayed on this Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names or logos are the property of POSHequili and are protected by intellectual property laws. You agree that all of POSHequili’s trademarks, trade names, service marks, and other POSHequili logos and brand features, and product and service names are trademarks and the property of POSHequili (“POSHequili Intellectual Property”). Without POSHequili’s prior permission, you agree not to display or use POSHequili Intellectual Property in any manner.
You acknowledge and agree that POSHequili and any necessary software used in connection with POSHequili (“Software“) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through POSHequili or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by POSHequili or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on POSHequili, such Content or the Software, in whole or in part.
POSHequili grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to POSHequili. You agree not to access POSHequili by any means other than through the interface that is provided by POSHequili for use in accessing POSHequili.
26. NO COMMERCIAL RE-USE:
YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, TRADE, RESELL, OR EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY PORTION OR USE OF, OR ACCESS TO, POSHequili (INCLUDING CONTENT, ADVERTISEMENTS, SOFTWARE AND YOUR POSHequili USER ID).
27. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement:
POSHequili respects the intellectual property of others, and we ask our users to do the same. POSHequili may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the site;
d) Your address, telephone number, and email address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
28. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF POSHequili AND ITS UNDERLYING SOFTWARE ARE AT YOUR SOLE RISK. POSHequili AND ITS UNDERLYING SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POSHequili AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
POSHequili AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) POSHequili OR ITS UNDERLYING SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) POSHequili OR ITS UNDERLYING SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF POSHequili OR ITS UNDERLYING SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH POSHequili OR ITS UNDERLYING SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF POSHequili OR ITS UNDERLYING SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSHequili OR THROUGH OR FROM POSHequili OR ITS UNDERLYING SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
29. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSHequili AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, MONETARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (a) THE USE OR THE INABILITY TO USE POSHequili; (b) HIRING A PROFESSIONAL BASED ON THE INFORMATION PRESENTED ON POSHequili; (c) THE COST OF HIRING A PROFESSIONAL BASED ON THE INFORMATION PRESENTED ON POSHequili; (d) THE COST OF PROCUREMENT OF GOODS AND SERVICES BASED ON THE INFORMATION PRESENTED ON POSHequili; (e) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (f) STATEMENTS OR CONDUCT OF ANY PROFESSIONAL, USER, OR THIRD PARTY ON POSHequili; (g) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (h) ANY OTHER MATTER RELATING TO POSHequili.
30. Notice:
POSHequili may provide you with notices, including those regarding changes to the Terms and Conditions, including by but not limited to email, regular mail, SMS, MMS, text message, postings on POSHequili, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Terms and Conditions by accessing POSHequili in an unauthorized manner. Your agreement to these Terms and Conditions constitute your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed POSHequili in an authorized manner.
31. Communication from POSHequili:
You understand and agree that POSHequili may include certain communications from POSHequili, such as service announcements, administrative messages, newsletters, and that these communications are considered part of POSHequili membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current POSHequili services, including the release of new POSHequili properties, shall be subject to these Terms and Conditions. You understand and agree that POSHequili is provided “AS IS” and that POSHequili assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to POSHequili, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access POSHequili. You understand that the technical processing and transmission of POSHequili, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
32. Content subject to change:
The Website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
33. Modifications to POSHequili:
POSHequili reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, POSHequili (or any part thereof) with or without notice. You agree that POSHequili shall not be liable to you or to any third party for any modification, suspension or discontinuance of POSHequili (or any part thereof).
34. Clarification on Terms and Conditions:
If you have any question, doubts or confusion in regard to any of the Terms and Conditions mentioned above, you should seek clarifications from us through email and should refrain from using the service until such clarification is provided for. Further, if you have any problem or suggestion regarding the accessibility of this Website, please Contact Us to enable us to respond in a helpful manner.
35. General Information:
a) Entire Agreement: These Terms and Conditions constitute the entire agreement between you and POSHequili and governs your use of POSHequili, superseding any prior version of these Terms and Conditions between you and POSHequili with respect to POSHequili. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other POSHequili services, affiliate services, third-party content or third-party software.
b) Choice of Law and Forum: You and POSHequili each agree that these Terms and Conditions and the relationship between the parties shall be governed by the laws of India without regard to its conflict of law provisions and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to these Terms and Conditions, or the relationship between you and POSHequili, shall be brought exclusively in the courts located in New Delhi, India. You and POSHequili agree to submit to the personal jurisdiction to the courts located in New Delhi.
c) Waiver and Severability of Terms: The failure of POSHequili to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
d) No Right of Survivorship and Non-Transferability: You agree that your POSHequili account is non-transferable and any rights to your POSHequili User ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
- Severability: If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to remain in full force and effect.
36. Violations:
Please report any violations of these Terms of Use here.
37. Interpretation of the Terms of Use:
- The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of these Terms of Use;
- The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of these Terms of Use to any Person or Persons or circumstances except as the context otherwise permits;
- The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in these Terms and Conditions mean and refer to these Terms of Use and not to any particular Clause of these Terms of Use. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of these Terms of Use;
- The recitals of these Terms of Use form an integral part of these Terms of Use;
- Any reference to any statute or statutory provision shall include: (i) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated), and (ii) such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of these Terms of Use) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under these Terms of Use and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced; and
- No rule of construction or interpretation shall apply to the disadvantage or detriment of POSHequili for having control or being responsible for the preparation of these Terms of Use.
