Terms Of Use
Last updated on 3rd October 2024
- INTRODUCTION
We Elattionz, a company duly incorporated under the applicable laws of India, and having its registered office at Plus Offices, Landmark, Cyber Park, Sec-67, Gurgaon, Haryana- 122018 (hereinafter referred to as the “Company”), are dedicated to delivering top-notch services in the industry. We manage and operate a platform under the brand name Elattionz, accessible via URL as https://elattionz.com/ (hereinafter referred to as the “Platform”).
Hereunder is provided an overview of Our Platform, which includes Website, and the services we offer. These Terms of Use outline Your legal rights, covering areas such as liability limitations, dispute resolution through mandatory arbitration instead of court litigation, and a class action waiver.
These Terms of Use (“Policy”) establish a contractual relationship between the Company and any User accessing the Platform for services. The Policy applies to all forms of Platform usage and access, serving as a guide for using and navigating the Platform. This Policy is an electronic document that does not require a physical copy for any reason.
This document is an “Electronic Record” as defined by the Information Technology Act, 2000, and the rules thereunder as applicable. It is generated by a computer system and does not require physical or electronic signatures. This document constitutes a legally binding agreement between the User and the Company, defining the rights and obligations associated with using the Platform and accessing its various services, features, content, and offerings.
- DEFINITIONS AND INTERPRETATION
2.1 Definitions
2.1.1 “Applicable Laws” refers to any statute, law, rule, ordinance, notice, judgement,
decree, or other governmental restriction in effect at the time of this Policy or
thereafter.
2.1.2 “Platform” means the Website https://elattionz.com/ through which Our Services are
offered or advertised.
2.1.3 “Services” include the services listed on the Platform.
2.1.4 “Users” refers to any individual or legal entity browsing the Platform for information or
availing of the Services offered thereof.
2.2 Interpretation
2.2.1 “You”, “Your”, and “User” refer to any natural or legal person or legal entity who accesses, browses or avail Services using the Platform.
2.2.2 “We”, “Us”, and “Our” refer to the Company.
2.2.3 “User” and “Company” may be referred to individually as a “Party” or collectively as “Parties”.
2.2.4 Words denoting gender deemed to include all genders.
2.2.5 Words using the singular or plural number also include the plural and singular, respectively.
2.2.6 Terms like “hereunder”, “hereof”, “hereby”, “hereto”, and similar refer to this entire Terms or specific clause as appropriate.
2.2.7 Headings or bold typefaces are for convenience only and should not affect interpretation.
2.2.8 “Include” is to be understood as “without limitation”.
2.2.9 Reference to any legislation or applicable law or any provision thereof shall refer to any such applicable law as amended, suspended, or re-enacted from time to time.
2.2.10 Headings are provided for convenience and shall not deem to affect or limit any of the provisions hereof.
- GENERAL TERMS GOVERNING THE PLATFORM & SERVICES
3.1 These Terms apply to all persons accessing the Platform, whether as a Visitor for gaining information about the Company and the Services or the Users who have to submit form listed on the Platform to avail the Services.
3.2 The Company is engaged in the business of transforming workplaces using their unique creative solutions to enhance workplace well-being and productivity.
3.3 To avail any Service listed on the Platform, the User shall make an inquiry by submitting the information as mentioned in the form listed on the Platform, an executive of the Company shall reach out to such User to understand their exact needs and based on the same provide with the services through a Service Provider listed with the Company.
3.4 The Company follows a structured process designed to meet Your specific needs and deliver optimal results. We begin with a Client Consultation to understand Your objectives, followed by a Requirement Assessment where We analyze Your needs to define the project scope. Based on this assessment, We develop Tailored Solutions and present a detailed plan for Your approval. Upon approval, We proceed with the Implementation of these solutions, ensuring the project is executed according to plan. Post-implementation, We engage in monitoring to track performance during and after the implementation stages, comparing it with the pre-implementation phase, to ensure improvements and make necessary adjustments. Finally, We provide a comprehensive report on the results, analyzing the outcomes and offering recommendations for future improvements. By utilizing Our services, You agree to this process, which is designed to ensure the highest quality and effectiveness.
3.5 Users must use the Services in accordance with the terms outlined in the Agreement, accurate, up-to-date, and comprehensive information about Yourself as requested in any forms on the Platform.
3.6 The Company reserves the right to report the Users who act in contravention of the Terms and/or policies of the Company. By using the Platform, Users confirm they have read, understood, and agree to be bound by these Terms.
3.7 The Users must be legally eligible to enter into binding contracts under the applicable laws of their respective country for using the Services provided by the Company. Those deemed “incompetent to contract” under the Indian Contract Act, 1872, are not eligible to enter into transactions and will have their access restricted or blocked as soon as the Company gets the knowledge of the same.
3.8 In the case of a legal entity, You represent that You have the necessary authority to bind the entity under the Terms.
- USER REPRESENTATIONS
4.1 By using the Platform, Users represent and warrant that they have the legal capacity to comply with these Terms & Conditions, are not minors in their jurisdiction, will not use automated or non-human means to access the Platform, will not use the Platform for illegal or unauthorized purposes, and will not violate any applicable laws or regulations.
- PRIVACY POLICY
5.1 For the Platform Usage and availing Services offered by the Company, Users must submit and provide information, which the Company shall collect, store, and process in accordance with its Privacy Policy, which Users are encouraged to review carefully. The Company respects the privacy and confidentiality of the information of its Users; thereby the collection, storage, and processing of their information are governed by the Privacy Policy instituted by the Company. Users are requested to carefully read the Privacy Policy of the Company available at https://elattionz.com/.
- LINKS TO OTHER WEBSITES
6.1 The Platform may include third-party links for User convenience. You understand and acknowledge that the Company has no control or is not responsible for any actions, omissions, or negligence of these third parties. Users access third-party links at their own risk.
- DISCLAIMER
7.1 The Platform and its Services, information, features, offerings, and content available are provided on an “as is” and “as available” basis. The Company disclaims any and all warranties, express or implied, including those of merchantability, non-infringement, or fitness for a particular purpose, except those that cannot be excluded under applicable law. Any specific results from the usage of the Platform are not guaranteed by the Company.
7.2 The Company does not guarantee that the Services will meet Users’ requirements, that the results will be accurate or reliable derived from the use of Services, that the quality of Services or information will meet expectations, that the Platform will be compatible with all devices, or that the data provided is accurate.
7.3 The Company is not liable for any interruptions or delays in Services offered; for the loss, theft, non-delivery, destruction, corruption, of data or any other issues beyond its control; any loss or damage incurred as a result of Your dealings with the service providers; the occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Platform; inaccuracies or omission in the content; any other event beyond the control of the Company.
7.4 The Company reserves the right and discretion to modify, update, or amend the Terms at any time, with or without notice to the Users, with changes becoming effective immediately upon posting on the Platform and shall form a part of the Terms & Conditions. Your continued use of the Platform shall be deemed as an acceptance of the modified, updated and amended Terms & Conditions.
- PROHIBITED CONTENT AND ACTIVITY
8.1 The Company, in its sole discretion, reserves the right to determine whether the content posted by the User; or any activity in which the User is engaged, is prohibited or not. In case we find any message or activity by you to be inappropriate we will delete such content from the Platform, without providing any notice to you. In addition to it, the Company may report you immediately and you shall be under the liability to indemnify the Company for the losses suffered by it due to your involvement in such activity. The extent of such damages shall be determined directly by the Company. Some examples of prohibited content or activity are:
a) Submitting any defamatory language about the Company, other Users, or any third party.
b) Sharing or distributing any content that transmits viruses or malware through the Platform.
c) Uploading information to the Platform that is owned by a third party without their authorization. d) Providing content that contains nudity, violence, or sexual subject matter, including links to adult websites.
e) Submitting any untrue content with the sole intention of misleading other Users
f) Sharing any advertisements on the Platform or any content to promote one’s own business.
g) Involvement, directly or indirectly, in any criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
8.2 The User understands that the list provided under Clause 8.1 is not exhaustive and the Company reserves the sole authority to determine what amounts to prohibited content or activity.
- LIMITATION OF LIABILITY
9.1 The information on the Platform is provided for general purposes only and is offered “as is.” While we strive to keep the information current and accurate, the Company does not guarantee the operation of the Platform or the accuracy of its information. This includes any implied warranties of merchantability, fitness for a specific purpose, or non-infringement. Any reliance on the Platform’s information is entirely at Your own risk, and the Company is not liable for any loss or damage, including indirect or consequential damages, arising from the use of the Platform, or from errors and omissions in the information provided, which may change without notice.
9.2 The Company does not verify the accuracy, credibility, or authenticity of information provided by Users on the Platform and does not endorse it. Any loss, liability, expenses, damages, or judgments resulting from reliance on, or actions taken based on such information are solely the User’s responsibility. Users are solely responsible for verifying the information and conducting necessary due diligence before engaging with other Users.
9.3 The Company is not liable, whether in contract or tort, for: (i) service interruptions; (ii) delays or interruptions on the Platform; (iii) loss, theft, destruction, or corruption of data; (iv) any loss or damage from accessing or using the Platform; (v) any viruses, malfunctions, system failures, or technical issues related to the Platform; (vi) inaccuracies or omissions in content; or (vii) any other events beyond the Company’s control.
9.4 Using the Platform and any resulting connections, exchanges, communications, or transactions do not constitute advice, counseling, or recommendations from the Company. Any loss, liability, expenses, damages, or judgments incurred as a result are solely the User’s responsibility, and the Company bears no liability.
9.5 The Company may occasionally make the Platform unavailable for maintenance, repairs, or upgrades, with or without notifying Users. Users acknowledge that the Company is not liable for any service interruptions or losses resulting from these actions.
- USER REPRESENTATIONS AND WARRANTIES
10.1 Users represent and warrant that they will comply with this Policy and all other applicable policies.
10.2 Users represent and warrant that they will follow all applicable rules, regulations, and laws.
10.3 Users represent and warrant that they will use the Platform solely for the purposes outlined in this Policy.
10.4 Users represent and warrant that they will not violate any Terms, policies, or laws.
10.5 Users represent and warrant that they will not engage in immoral, illegal, or harmful activities that violate any applicable laws.
- INDEMNITY
11.1 Users agree to indemnify and protect the Company, along with its representatives, affiliates, partners, contractors, officers, directors, employees, and assigns, from any losses, liabilities, damages, costs, claims, or legal expenses that the Company may incur due to or arising from a User’s: a) breach or violation of these Terms & Conditions; b) breach of any representation or warranty; c) use of the Platform and its content; d) use of the Services, features, and offerings on the Platform; e) violation of the intellectual property or proprietary rights of the Company or any third party; f) violation of the privacy, confidentiality, or any other rights of the Company or any third party; g) violation of any applicable laws; and h) any act, omission, fraud, or misrepresentation by the User. Users will compensate the Company for any loss or damage caused by their negligence, actions, or inactions. The User also agrees that the Company will determine the extent of such losses or damages at its sole discretion, and the Company’s decision on these matters will be final and binding on the User.
- CODE OF CONDUCT
12.1 The Company values team members. Any misconduct, including the use of foul language or verbal abuse, will result in the reporting such act to relevant authority.
12.2 In cases of misconduct, the Company will not issue refunds or cancellations and reserves the right to pursue legal action against the offending individual or entity engaged in such misbehavior.
- ACCESS RESTRICTION
13.1 The Company reserves the right to restrict and block access to the Platform if the User violates Clause 8 regarding prohibited content or engages in prohibited activities.
13.2 The Company may restrict or block access if a User’s actions result in a breach of the Terms, either directly or indirectly, with the User being liable for any resulting losses. You agree and acknowledge that the extent of such losses will be determined by the Company, whose decision pertaining to the same will be final.
- AMENDMENT, GOVERNING LAW & JURISDICTION
14.1 The Company reserves the right to amend this Policy due to changes in law or Company policies. Users should review the Policy regularly to stay informed of any amendments which will be duly posted on the platform at any time.
14.2 This Policy will be interpreted, governed, and enforced according to the laws applicable in the jurisdiction where You reside or are accessing the Platform. If any disputes arise Between the parties during or after the term of this Policy concerning its validity, implementation, interpretation, or any alleged breach, these disputes will be resolved by the appropriate courts located in Gurgaon, Haryana.
- AMENDMENT
15.1 We reserve the right to modify, amend, or change these Terms & Conditions at our discretion as deemed fit by Us. Our decisions regarding these changes will be final and binding. The revised Terms & Conditions will become effective and legally binding once they are posted on the Platform, which will serve as sufficient notice to Users. Users are encouraged to periodically review the Terms & conditions to stay informed of any changes.
- USER DISPUTES, GRIEVANCES, AND REDRESSAL
16.1 If You have any disputes or grievances regarding the Services provided through the Platform, please contact us at info@elattionz.com. We will strive to resolve your issues within 15 working days of receiving your email.
- ENTIRE TERMS & CONDITIONS
17.1 Except where explicitly stated otherwise, these Terms & Conditions represent the entire understanding between Users and the Company concerning the subject matter herein and override all prior or concurrent agreements or communications, whether oral or written. If there is any inconsistency between these Terms & Conditions and other similar documents or agreements, these Terms will take precedence.
- DISPUTE RESOLUTION AND GOVERNING LAW
18.1 In the event of any disputes, the Company and the User will first try to reach an amicable settlement through good faith and mutual understanding. If this fails, disputes will be resolved through mediation, and if mediation is unsuccessful, through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration will be conducted by a sole arbitrator, and the venue will be Gurgaon, Haryana.
18.2 The arbitrator’s decision will be final and binding on both parties.
18.3 This Agreement is governed by and interpreted according to the laws of India, without regard to any choice of law or conflict of law principles that would apply the laws of another jurisdiction. Any legal actions or claims related to this Agreement must be brought in a court of competent jurisdiction at Gurgaon, Haryana.
18.4 The parties agree that any claims against each other must be brought individually, not as part of a class or collective action.
- CONTACT US
19.1 If You have any questions or concerns about Our Terms & Conditions, you can contact us using the information provided on our Contact Us page or by writing to us at info@elattionz.com.