This End User License Agreement (the “EULA”) is a binding legal agreement between you, as an individual or entity, and Great Manager Research and Consultancy Pvt Ltd (“GMI”), a company registered in India under Companies Act 2013. By browsing or using this website application on any platform, as applicable (the “Software”), you agree to be bound by the terms of this EULA. If you do not agree to the EULA, do not check the “I accept the terms” box and do not use the Software. The Services provided by our Software are referred to as our “Services”.
You agree use of the Software signifies that you have read, understood, and agree to be bound by the EULA. As a Visitor or Member of our Services, the collection, use and sharing of your personal and professional data is subject to the undermentioned privacy policies and updates.
1. Description of Software
The Software is an application that enables you to access our platform directly from a browser on your computer, mobile device, or tablet (“Device”).
The purpose of the Software is to create your people management profile and take you through a series of coordinated learning experiences and engagement. By subscribing to the Software, you agree that you are subject to an evaluation that may confer upon you a certification or any other recognition, as applicable from time to time.
The Software is a standard product. It shall be your sole responsibility to ensure that you have read the product brochure and confirmed that the functions of the Software fulfil your requirements and expectations.
GMI hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable personal license to:
- Use or access the Software and its content for your own personal use;
- Browse or Access the Software on any number or type of devices; and
You further undertake that you will not make copy of any part of the Software in any machine-readable form for any purposes.
For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.
Title, ownership, and all rights (including without limitation, the intellectual property rights) in and to the Software shall remain with GMI. Except for those rights expressly granted in this EULA, no other rights are granted to you, whether express or implied.
4. Subscription Services
You can subscribe to a range of services provided by GMI and the deliverables shall be based on the package chosen by you through such subscription.
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
Without prejudice to the generality of the foregoing, you will not:
- Create derivative works based on the Software;
- Use the software for any purpose other than as described herein;
- Copy or reproduce or reverse engineer the Software except as specifically permitted in this EULA;
- Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
- Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing
- Remove or alter any proprietary notices or marks on the Software.
- Publish the Software without the explicit, written consent of GMI. This also applies to any documentation delivered by GMI.
6. Personal Information and Privacy
Any information shared by you shall not be made publicly available without your explicit permission for the same. This does not apply to data and analytics which is not attributable to a single user.
Use: Any data shared by you shall be used only for creating your people management profile and for providing you a personalized learning experience. Any use of your data for improvement of services of any other user shall be done post anonymization. Further, the personal information shared by you shall be anonymized while doing data analytics using the said information.
In line with our principle of positive recognition, your organization’s name shall be published only if your manager(s) or organization feature in any of our lists.
You understand and agree that GMI may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the terms of this EULA, or protect the rights, property, or safety of GMI, its users, or the public.
7. Accuracy of Information
You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up and later to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if GMI has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, GMI may terminate your user account and refuse current or future use of any or all of the Services. GMI retains the right to take appropriate legal actions for any violation of this agreement.
8. No Warranty
GMI does not warrant that the functions contained in the software will meet any requirements or needs you may have, or that the software will operate error free, or in an uninterrupted manner, or that any defects or errors will be corrected, or that the software is fully compatible with any particular platform. The software is offered on an “as-is” basis and no warranty, either express or implied, is given. GMI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Please note the above is applicable, as allowed within the applicable legal jurisdiction.
9. Right to Terminate or Modify Software
GMI may modify the Software and this EULA with notice to you either in email or by publishing notice on the Website, including but not limited to charging fees for the Software, or changing the functionality or appearance of the Software. In the event GMI modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. GMI may terminate your use of the Software, the EULA or the GMI Service at any time, with or without notice.
You agree that GMI may audit your use of the Software for compliance with this EULA at any time, upon reasonable notice. If such an audit reveals any use of the Software by the you is other than in full compliance with the terms of this EULA, you shall reimburse to GMI for all reasonable expenses related to such an audit in addition to any other liabilities that GMI may incur as a result of such non-compliance.
By accepting the EULA, you agree to indemnify and otherwise hold harmless GMI, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary losses or damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
12. Limitation of Liability
You expressly understand and agree that GMI shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GMI has been advised of the possibility of such damages). Notwithstanding anything contrary in the EULA, in no event will GMI’s aggregate liability to you exceed the amount paid by you to GMI for the purpose of the use of the software. These limitations and exclusions will apply notwithstanding any failure of essential purpose of any limited remedy.
- The EULA between you and GMI will be governed by and construed in accordance with the laws of Mumbai, India. Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat and venue of the arbitration shall be Mumbai, India. Any such controversy or unrelated claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and binding. Subject to foregoing, courts in Mumbai shall have the exclusive jurisdiction to decide on any disputes in relation to EULA or Services provided hereunder.
- If any provision of this EULA is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed separable from the remaining provisions of this agreement and shall not affect or impair the validity or enforceability of the remaining provisions of this agreement.
- The Licensee alone is responsible for the backup of all data, configurations, and settings stored in the Software.