Terms of ServiceLast Updated: September 25, 2020
The following terms and conditions govern all use of the website located at www.workongrid.com (“Website”) and our product software including any browser extensions, mobile applications and any other downloadable application that we provide as part of our product GRID (“GRID”) including all of the materials, documents, text, images, graphics, videos and other information and content included in or available at the Website collectively referred to as the “Content”. The Website, GRID, Content and any service provided at the Website shall collectively be referred to as “Service”.
The Website is operated and owned by Pragyaam Data Technologies Private Limited (“PRAGYAAM”), a company incorporated under the Companies Act, 2013 and having its registered office at 3P, Shree Gopal Complex, Court Road, Ranchi-834001, Jharkhand. For the purpose of these Terms of Service, wherever the context so requires, “you”, “yours” or “user” shall mean any natural or legal person who has agreed to become a user on the Website by registering on the Website as a registered user, using any computer or mobile system. The terms “Pragyaam”, “we”, “us” or “our” shall mean Pragyaam Data Technologies Private Limited.
IF YOU OBJECT TO ANYTHING IN THIS TERMS OF SERVICE , DO NOT USE THE WEBSITE OR THE SERVICE. THESE TERMS ARE SUBJECT TO CHANGE BY PRAGYAAM AT ANY TIME, EFFECTIVE UPON POSTING ON THE WEBSITE, AND YOUR USE OF THE SERVICE AFTER SUCH POSTING WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES. THESE TERMS OF SERVICE GOVERN THE RELATIONSHIP BETWEEN YOU AND PRAGYAAM.
User Registration Obligations
Pragyaam may make all or any part of the Service available only to Registered Users (such as, for example, to apply for, subscribe or gain access to various information services). You may elect to register or not, at your discretion. The registration process may require you to provide your name, company name, address, contact number, email address and certain additional personal data and/or other information.
You must provide us accurate information, when you create your account on Pragyaam. You need to sign up for a user account by providing all the required information in order to access or use the Service. If you represent an organization and wish to use the Service for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Pragyaam has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Pragyaam may terminate your user account and refuse current or future use of any or all of the Services. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and special characters) with your account.
You may use the Service for your personal and/or business use or for internal business purpose in the organization that you represent. You may connect to the Service using any internet browser supported by the Service or downloading the mobile application. You are responsible for obtaining access to the internet and the equipment necessary to use the Service.
Pragyaam will not be liable for any loss or damage arising from your failure to comply with this instruction.
Communications from Pragyaam
By registering on Pragyaam, you consent to our using your email address to send you service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Service.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Pragyaam will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Fees and Payment
The Services are available under one time purchase or subscription plans of various durations. Payments for subscription plans can be made by various payment options available at the time of the subscription purchase. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged through the last payment method used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different payment option. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Pragyaam to charge the subscription fee to the payment option last used by you.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have made the purchase of a service or opted for a paid subscription plan.
Access And Use Of Pragyaam Services
Subject to these Terms, Pragyaam may offer to provide the Services as described herein. Services shall include, but not be limited to, any services Pragyaam performs for you, including but not limited to GRID, as well as the offering of any Content. We may, with prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service, including the availability of any feature, database, or Content. Pragyaam may also impose limits on certain features and services or restrict your access to parts or all of the Services. By providing Pragyaam your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail and/or e-mail.
Organization Accounts and Administrators
When you sign up for an account for your organization, you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account.
You are responsible for:
- ensuring confidentiality of your organization’s account password,
- appointing competent individuals as administrators for managing your organization’s account,
- ensuring that all activities that occur in connection with your organization's account comply with this Terms of Service.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to email@example.com provided that the process is acceptable to Pragyaam. In the absence of any specified administrator account recovery process, Pragyaam may provide control of an administrator account to an individual providing proof satisfactory to Pragyaam demonstrating authorization to act on behalf of the organization. You agree not to hold Pragyaam liable for the consequences of any action taken by Pragyaam in good faith in this regard.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
User Representations And Undertakings
You represent and warrant at all times throughout your use of the Website and/or Services that:
- you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents you from fulfilling your obligations under these Terms;
- you are and will continue to be in compliance with all applicable laws, rules, and governmental and regulatory levies and requirements relating to your use of the Site and/or the Services;
- your use of the Site and/or Services has not been previously blocked, suspended or terminated;
- you do not authorize a third party to do any of the foregoing; and
- you will not infringe or violate any of these Terms.
Rules And Conduct
You must not do any of the following while accessing or using the Service:
- use the Service for any unlawful purposes or for promotion of illegal activities;
- post any Content (as defined below) or use the Service in violation of any applicable law (including intellectual property laws, right of privacy or publicity laws, and any laws in India or outside India whose jurisdiction is applicable to you), or any contractual or other legal obligation;
- use the Service for the purpose of spamming anyone;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
- access or tamper with non-public areas of the Service, Pragyaam computer systems, or the technical delivery systems of Pragyaam providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Pragyaam (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Pragyaam
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
- interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
All rights, titles, and interest in and to the Service (excluding Content provided by Users) are and will remain the exclusive property of Pragyaam and its licensors. Nothing in these Terms gives you a right to use the Pragyaam name or any of the Pragyaam trademarks, logos, domain names, and other distinctive brand features.
With regard to the content created and published by you using the service purchased or subscribed for, you may transmit or publish content created by you using any of the services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication and indemnify Pragyaam of all legal implications arising out of any illegality or infringement of third party rights, if any. You further undertake to remove any such illegal or infringed content, on receipt of any complaint or notice with regard to such illegality or infringement of content or data and shall comply with all the requirements of law.
Copyright And Trademark Notices
Unless otherwise indicated, all Content and the Terms of Service are Copyright of Pragyaam Data Technologies Private Limited. All rights reserved. With regard to the content created and published by you using the service purchased or subscribed for, you may transmit or publish content created by you using any of the services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication and indemnify Pragyaam of all legal implications arising out of any illegality or infringement of third party rights, if any. You further undertake to remove any such illegal or infringed content, on receipt of any complaint or notice with regard to such illegality or infringement of content or data and shall comply with all the requirements of law.
All logos and other proprietary identifiers used by Pragyaam in connection with the Website and Services, (“Pragyaam Trademarks”) are all trademarks and/or trade names of Pragyaam, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Website and/or Services belong to their respective owners (“Third-Party Marks”). No right, license, or interest to Pragyaam Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Pragyaam Trademarks or the Third-Party Marks and you will not use any of these marks, unless expressly permitted to do so.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PRAGYAAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRAGYAAM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PRAGYAAM, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation Of Liability
IN NO EVENT SHALL PRAGYAAM OR ITS AFFILIATES BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS/AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY
- MATTER BEYOND ITS REASONABLE CONTROL,
- LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES,
- INVESTMENT LOSSES OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL), EVEN IF PRAGYAAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Pragyaam, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Website; your violation of any term of these Terms; your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Website.
Pragyaam reserves the right, at its sole discretion, to modify or replace any of the Terms (including any Policy) at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes. The Terms(as it applies to you) may not otherwise be amended except by written instrument executed between you and Pragyaam.
In the event of a dispute arising out of or relating to these Terms/ Agreement, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the LCIA India Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.
If the dispute is not settled by mediation within 15 days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA India Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause.
The language to be used in the mediation and in the arbitration shall be English.
The governing law of the contract shall be the substantive law of India.
In any arbitration commenced pursuant to this clause,
- the number of arbitrators shall be [one/three]; and
- the seat, or legal place, of the arbitration shall be Ranchi (Jharkhand, India) only.
Governing Law And Jurisdiction
These Terms of Services are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Website and/or Services, shall be subject to the exclusive jurisdiction of the courts at Ranchi only.
If you have questions about these Terms, please contact us at firstname.lastname@example.org