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End User License Agreement for Great Manager Certification

End User License Agreement

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 functionality 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 subject yourself to an evaluation that may confer upon you a certification.

  1. License

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
  • Make no 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.

  1. Title

Title, ownership and all rights (including without limitation 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, whether express or implied.

All Materials, Methods, Techniques or Apparatus by GMI is the intellectual property owned by Great Manager Research and Consultancy Private Limited. Any internal or external usage of this proprietary information would require written consent from GMI.

  1. 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.

  1. Restriction

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.

You may not:

  • Create derivative works based on the Software;
  • Use the software for any purpose other than as described herein;
  • Copy or reproduce the Software except as described 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, except to the extent this prohibition is not permitted under an applicable law; or
  • Remove or alter any proprietary notices or marks on the Software.
  1. Personal Information and Privacy

We may ask you to provide certain information about you during the Software sign up process and subsequently during the usage of the Software. All personal information that you provide to us will be governed by our Privacy Policy.

The personal information shared by you shall be anonymized while doing data analytics using the said information. Any information shared by you shall not be made publicly available without your explicit permission for the same.

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.

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.

  1. 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.

  1. 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. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

  1. 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.

  1. Indemnification

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 damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.

  1. 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). IN NO EVENT WILL GMI’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. General

The EULA between you and GMI will be governed by and construed in accordance with the laws of India. Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the The Indian Arbitration and Conciliation Act, 1996. Any such controversy or 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 unappealable.

Terms & Conditions for certification and other recognition

Please note that by agreeing to these terms and conditions, you are committing to complete the assessment process and various associated steps within the stipulated timelines. You give your consent to be considered for assessment and recognition for the Great People Manager Study conducted by GMI and to be certified as a Great People Manager.

  1. GMI is authorized to use the information provided by you and your organization in course of the assessment for the sake of positive recognition only, in all forms of media, print or electronic. GMI will maintain anonymity of all employees taking the survey, as promised while conducting the survey.
  2. GMI reserves the right to get in touch with the employees responding to the employee survey in order to check the authenticity of the process and the veracity of the employee responses.
  3. GMI may also conduct a control group survey of select employees, if required, based on the observations of any digital or physical audit done to validate the response of employees in the survey.
  4. GMI reserves the right to seek contact details of select employees from your team as a part of its audit process. This process will involve interaction with employees to understand their experience with you as their manager and also to validate the information shared by the you about your managerial practices.
  5. GMI reserves the right to accept or reject your application to undergo an assessment. GMI also reserves the right to decide on your position in any of its recognition lists and certification. GMI also reserves the right to decide on your certification or recognition. In all such cases, as mentioned in this clause, the decision of GMI shall be final and binding.
  6. You agree that GMI shall seek prior consent of your organization for any public recognition given to you, including certification. The decision of GMI shall be final and binding.
  7. In line with our principle of positive recognition, your name along side your organization’s name is published only if you feature in any of our lists of recognised people managers. GMI may recognize you in different categories and publish various lists and reports, citing examples of your organization and your best practices submitted through the assessment process, so long as they agree with the terms of positive recognition.
  8. GMI reserves the right to issue or withhold or revoke at its sole discretion the certification or any other recognition given to you, irrespective of the assessment results, basis their validation process. No manager is permitted to consider herself recognized or certified unless officially communicated in writing by GMI. The duration of your certification or recognition shall be explicitly communicated by GMI.
  9. You must ensure that your team members are not influenced by any internal communication, written or verbal, to respond to the employee survey in any specific manner before or during the employee survey. GMI reserves the right to audit the process of administration of the employee survey, to ensure that the laid down process is followed.
  10. The survey given for you by your team members shall be considered valid only on receipt of a minimum number of responses decided as per statistically validated formulae. The tenure of a team member with you as her manager should be at least 3 months to consider her feedback about you.
  11. GMI including any and all parents, subsidiaries, affiliates, related companies, divisions, successors and assigns, as well as all former and present officers, directors, employees, agents, representatives, stockholders, lenders, and servants, are, except to the extent set out hereinabove, are released and discharged from and against any and all claims, causes of action, counterclaims, liabilities, damages, losses, debts, demands, obligations, suits, costs, and/or expenses (including, without limitation, attorneys’ fees and disbursements) of any nature whatsoever, whether in law or in equity, arising from or related to the project, including without limitation, any claim relating to the quality of the research.
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