Terms & Conditions

Mandates:

These terms and conditions (“Terms”) govern the relationship between LemniscateLab (“we”, “us”, “our”) and the users (“you”, “your”) of our website and platform (“Platform”). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our Platform.

  1. Definitions

In these Terms, unless the context otherwise requires, the following words and expressions have the following meanings:

– “Client” means a user who posts a project or hires a Trainer through our Platform.

– “Content” means any text, images, videos, audio, or other materials that are uploaded, posted, shared, or transmitted by you or other users on our Platform.

– “Project” means a corporate training project or task that is posted by a Client on our Platform and that requires the services of a Trainer.

– “Trainer” means a user who offers or provides corporate training services to a Client through our Platform.

  1. Registration and Account

– To access and use our Platform, you must register and create an account with us. You must provide accurate and complete information when registering and keep your account information updated at all times.

– You are responsible for maintaining the security and confidentiality of your account and password. You must not share your account or password with anyone else. You must notify us immediately if you suspect any unauthorized access or use of your account or password.

– You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with this clause.

– We reserve the right to suspend or terminate your account at any time, without notice or liability, if we believe that you have breached these Terms or any applicable law.

  1. Services

– Our Platform is an online marketplace that connects Clients and Trainers for corporate training projects. We do not provide any corporate training services ourselves. We only facilitate the communication and transactions between Clients and Trainers.

– We do not verify the identity, qualifications, credentials, skills, experience, ratings, reviews, or availability of any Trainer. We do not guarantee the quality, accuracy, completeness, timeliness, reliability, suitability, or legality of any Project or Content posted by any Client or Trainer. We do not endorse or recommend any Client or Trainer.

– You are solely responsible for evaluating and selecting the Client or Trainer that best suits your needs. You are solely responsible for negotiating and agreeing on the terms and conditions of the Project with the Client or Trainer. You are solely responsible for performing or receiving the Project in accordance with the agreed terms and conditions.

– We are not a party to any contract or agreement between you and any Client or Trainer. We are not involved in any dispute or claim that may arise between you and any Client or Trainer. We are not liable for any loss or damage that may result from your use of our Platform or your interaction with any Client or Trainer.

  1. Fees and Payments

– We do not charge any fees to Clients for posting Projects on our Platform. We do not charge any fees to Trainers for creating profiles on our Platform. We may charge fees to Trainers for applying to Projects on our Platform. We will notify you of any applicable fees before you apply to a Project.

– We may charge a service fee to Clients and Trainers for each Project that is completed through our Platform. The service fee will be calculated as a percentage of the total amount paid by the Client to the Trainer for the Project. The service fee will be deducted from the payment made by the Client to the Trainer through our Platform. We will notify you of the service fee before you accept or offer a Project.

– You agree to pay all fees that are due to us in accordance with these Terms. You also agree to pay all taxes that may apply to your use of our Platform. You are solely responsible for complying with all tax laws and regulations that may apply to your use of our Platform.

– You agree to use our Platform as the sole method of payment for Projects that are posted or accepted through our Platform. You agree not to make or accept any payments outside of our Platform for Projects that are posted or accepted through our Platform. You agree not to circumvent or avoid paying any fees that are due to us in accordance with these Terms.

– We use a third-party payment service provider (“Payment Provider”) to process payments on our Platform. You agree to comply with the terms and conditions of the Payment Provider when making or receiving payments on our Platform. You agree that we are not liable for any loss or damage that may result from your use of the Payment Provider.

– We do not guarantee that any payments made or received on our Platform will be secure, timely, accurate, or complete. We do not guarantee that any payments made or received on our Platform will not be subject to any chargebacks, disputes, refunds, reversals, or fraud. We do not guarantee that any payments made or received on our Platform will not be affected by any technical errors, delays, interruptions, or failures. We are not liable for any loss or damage that may result from your use of our Platform for making or receiving payments.

  1. Content

– You retain all rights and ownership of your Content. By uploading, posting, sharing, or transmitting your Content on our Platform, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, perform, modify, and create derivative works of your Content for the purposes of operating, promoting, and improving our Platform.

– You represent and warrant that you have all the rights and permissions necessary to upload, post, share, or transmit your Content on our Platform. You represent and warrant that your Content does not You represent and warrant that your Content does not:

  • infringe or violate any intellectual property rights, privacy rights, publicity rights, or any other rights of any third party; or
  • contain any illegal, unlawful, offensive, defamatory, obscene, pornographic, harassing, threatening, abusive, hateful, racist, sexist, discriminatory, or otherwise objectionable material.

– We do not monitor, review, edit, or approve any Content uploaded, posted, shared, or transmitted by you or other users on our Platform. We do not guarantee the quality, accuracy, completeness, timeliness, reliability, suitability, or legality of any Content uploaded, posted, shared, or transmitted by you or other users on our Platform. We do not endorse or support any opinions or views expressed in any Content uploaded, posted, shared, or transmitted by you or other users on our Platform.

– We reserve the right to remove or disable access to any Content that we believe violates these Terms or any applicable law. We reserve the right to take any legal action against you or any other user who uploads, posts, shares, or transmits any Content that we believe violates these Terms or any applicable law.

  1. Intellectual Property Rights

– We own and retain all rights and ownership of our Platform and all its features and functionalities. This includes, without limitation, our Platform’s name, logo, trademarks, service marks, domain names, designs, layouts, graphics, icons, images, videos, audio clips, software, code, and any other materials.

Nothing in these Terms grants you any rights or licenses to use our Platform or any of its features and functionalities without our prior written consent.

– You agree not to copy, reproduce, distribute, display, perform, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of our Platform or any of its features and functionalities. You agree not to interfere with or disrupt the operation of our Platform or any of its features and functionalities. You agree not to access or use our Platform or any of its features and functionalities for any illegal or unauthorized purposes.

  1. Disclaimer of Warranties

– Our Platform and all its features and functionalities are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding our Platform and all its features and functionalities. To the fullest extent permitted by law, we disclaim all warranties that our Platform and all its features and functionalities are merchantable, fit for a particular purpose, non-infringing, titled, quality, accurate, complete, timely, reliable, suitable, or available.

– We do not warrant that our Platform and all its features and functionalities will be secure, error-free, uninterrupted, virus-free, malware-free and bug-free.

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  1. Limitation of Liability

– To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other damages arising from or relating to your use of or inability to use our Platform and all its features and functionalities. This includes but is not limited to any damages resulting from the loss of profits, revenue, data, goodwill, or any other intangible losses. This limitation of liability applies regardless of the legal basis of the damages, whether contract, tort, negligence, strict liability, or otherwise, and even if we have been informed of the possibility of such damages.

– In no event will our total liability to you for all damages arising from or relating to your use of or inability to use our Platform and all its features and functionalities exceed the amount of fees paid by you to us in the 12 months preceding the event giving rise to the liability.

  1. Indemnification

– You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or relating to your use of or inability to use our Platform and all its features and functionalities. This includes but is not limited to any Content uploaded, posted, shared, or transmitted by you or other users on our Platform; any Project posted or accepted by you or other users on our Platform; any payments made or received by you or other users on our Platform; any breach of these Terms or any applicable law by you or other users on our Platform; and any infringement or violation of any rights of any third party by you or other users on our Platform.

  1. Dispute Resolution

– If you have any dispute or claim arising from or relating to your use of or inability to use our Platform and all its features and functionalities, you agree to notify us in writing and attempt to resolve the dispute or claim amicably through good faith negotiations.

– If the dispute or claim is not resolved within 30 days of the notification, you agree that the dispute or claim will be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration will be conducted by a sole arbitrator appointed by us. The arbitration will be held in New Delhi, India. The language of the arbitration will be English. The award of the arbitrator will be final and binding on both parties.

– You agree that any arbitration proceedings will be conducted on an individual basis and not as a class action, representative action, consolidated action, or any other collective action. You agree that you have no right to join or consolidate your claims with those of any other user or party.

– You agree that any dispute or claim arising from or relating to your use of or inability to use our Platform and all its features and functionalities is subject to the exclusive jurisdiction of the courts of New Delhi, India. You agree to submit to the personal jurisdiction of such courts and waive any objection to their venue.

  1. Termination

– We reserve the right to terminate your access and use of our Platform and all its features and functionalities at any time, without notice or liability, if we believe that you have breached these Terms or any applicable law.

– You may terminate your access and use of our Platform and all its features and functionalities at any time by deleting your account and discontinuing your use of our Platform.

– Upon termination of your access and use of our Platform and all its features and functionalities, your account will be deactivated and your Content will be removed from our Platform. However,

we may retain some of your Content for backup, archival, legal, or other purposes.

We may also retain some of your personal information in accordance with our Privacy Policy.

– The termination of your access and use of our Platform and all its features and functionalities will not affect any rights or obligations that have accrued prior to the termination. The provisions of these Terms that by their nature should survive the termination will survive the termination.

  1. Changes

– We reserve the right to change these Terms at any time at our sole discretion. We will notify you of any changes by posting the updated Terms on our Platform. You are responsible for reviewing the updated Terms periodically. Your continued access and use of our Platform and all its features and functionalities after the posting of the updated Terms will constitute your acceptance of the changes.

– We reserve the right to change our Platform and all its features and functionalities at any time at our sole discretion. We will notify you of any changes by posting the updated Platform on our Platform. You are responsible for reviewing the updated Platform periodically. Your continued access and use of our Platform and all its features and functionalities after the posting of the updated Platform will constitute your acceptance of the changes.

  1. Miscellaneous

– These Terms constitute the entire agreement between you and us regarding your use of or inability to use our Platform and all its features and functionalities. These Terms supersede any prior or contemporaneous agreements, communications, or understandings between you and us regarding your use of or inability to use our Platform and all its features and functionalities.

– If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms and the remaining provisions will remain in full force and effect.

– Our failure or delay to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy or any other right or remedy.

– You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights or obligations under these Terms without your consent.

– These Terms are governed by and construed in accordance with the laws of India. Any dispute or claim arising from or relating to your use of or inability to use our Platform and all its features and functionalities will be subject to the exclusive jurisdiction of the courts of New Delhi, India.

  1. Contact Us

If you have any questions, comments, or feedback regarding these Terms, please contact us at:

Lemniscate Lab Pvt Ltd

Email: official@lemniscatelab.com