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TERMS OF SERVICE

1 - Terminology:

a.
In the context of these Terms and Conditions, “You” or “Your”, represents the user or firm or entity or representative of any organization, who seeks the services of “WiT” or “Women in Technology”, either app or website, voluntarily and is free to terminate utilization of the product at will.
b.
Similarly, In the context of these Terms and Conditions, “Us” or “We” or “Our” or “WiT”, represents the product as well as services provided by Crimson Career Pvt. Ltd. and all its Affiliates, Subsidiaries, Products, Partners, Directors, officers, Employees, including but not limited to, WiT, and offered through various channels including audio, video, internet web services, etc., (hereafter WiT).

2 - Using the Services:

a.
Authority. You agree that you are permitted to use the Services under applicable law. If you are using the Services on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and "you" means that entity. If you are accessing an account(s) on behalf of the account owner (e.g., as an administrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of the account owner.
b.
Indemnification.
1.
General. You will defend, indemnify, and hold harmless WiT, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third party claim concerning: (a) your or any End Users’ use of the Service Offerings (including any activities under your WiT account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law (including submission of any incorrect or inaccurate GST Information) by you, End Users or Your Content; or (c) a dispute between you and any End User. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third-party summons or other compulsory legal order or process associated with you.
2.
Intellectual Property. (a) Subject to the limitations in this Section, you will defend WiT, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates, that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement. In addition, WiT ACE will have no obligations or liability arising from your or any End User’s use of the Services after WiT ACE has notified you to discontinue such use. The remedies provided in this Section are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Services or by Your Content. (d) For any claim covered by “(a)” of this Section, WiT ACE will, at its election, either: (i) procure the rights to use that portion of the Services alleged to be infringing; (ii) replace the alleged infringing portion of the Services with a non-infringing alternative; (iii) modify the alleged infringing portion of the Services to make it non-infringing; or (iv) terminate the allegedly infringing portion of the Services or this Agreement.
c.
Age: If you are under the Minimum Age (as defined for your region) to make an account, you cannot access the services provided by us legally.
d.
Usage Guidelines: You agree not to do the following to use the services:
  1. obtain or attempt to obtain unauthorized access to the Services or to our Servers, Systems, Network, or Data;
  2. violate any applicable laws or regulations, pertaining to the geography that you reside or otherwise, and those deemed unconstitutional with human laws or are against principles of natural justice;
  3. impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
  4. make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity, and you do not have the right to make available;
  5. post content containing advertisements or other commercial solicitations without our prior written permission;
  6. make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Services, the working of mentors, employers, WiT ACE employees, service providers or volunteers or affect other users;
  7. interfere with or disrupt the Services or Servers, Systems or Networks connected to the Services in any way.
  8. direct or indirect harassment of any kind, to the mentors, employers, service providers, employees of WiT ACE or its partner companies, or anyone using our services;
  9. bypassing the payment portal using third party app or using any means to avoid payment portal and continuing the services;
  10. modifying any section of our website, WiT;
  11. using of meta-tags or any other hidden text utilizing the Website or its affiliates' names or trademarks without the express written consent of WiT ACE and or its affiliates;
  12. sharing or reproduction of resources or information provided on any part of the website or the information provided by the mentors, service providers or employers, unless instructed, either by us or by them; or
  13. using third party Software/Apps to record conversations, without the consent of the mentors, employers, service providers or any other employee of WiT, or its partner firms.
  14. Failing to follow these, will result in notice/termination of the account and repeated failure to comply, may result in permanent ban.
e.
Use of Services. You must follow any guidelines or policies associated with the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
f.
Anti-Corruption Laws. You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.
g.
Ownership and Reuse. Using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access. You must not use any branding or logos used in the Services unless WiT ACE has given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with the Services. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Services (including content, advertisements, APIs, and Software/App).
h.
Your Account: While signing up for the services, the user is required to make an account. We assume the following responsibility of the user while creating so:
  1. All the information provided in the account is genuine;
  2. The user provides all the relevant information;
  3. The user has not forged documents illegally;
  4. The documents uploaded are in good faith; and
  5. Accessing the account;
Apart from these, you also agree to follow:
  1. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your device to prevent unauthorized access to Your account when You use the Website by registering an account with us.
  2. By using the Website, either as a guest user or registered user, you authorize WiT ACE and its agents to access third party sites, including but not limited to that of banks and other payment gateways, designated by the bank or on the bank's behalf for retrieving requested information for processing of a customer generated transaction on the Website.
  3. In the event that You use the Website through a registered account, you agree to accept responsibility for all activities that occur through your account.
  4. In the event that You use the Website through a registered account, you should take all necessary steps to ensure that the password is kept confidential and secure and should inform WiT ACE immediately if you have any reason to believe that your password has been compromised, or if the password is being, or is likely to be, used in an unauthorized manner. WiT ACE shall not be liable for any losses you may incur owing to any compromised login credentials of your WiT ACE account. Please ensure that the details You provide WiT ACE are correct, complete and up to date and inform WiT ACE immediately of any changes to the information that You provide at the time of registering your account with WiT.
  5. WiT ACE will not be responsible for screening, censoring or otherwise controlling transactions, including ascertaining whether the transaction is legal and valid as per the laws of the land, if you are resident/national of a country other than India.
  6. You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with Your use of Website. You shall also be liable to comply with all applicable laws and regulations regarding use of the Website with respect to the jurisdiction concerned for each transaction.
  7. Website may be used for Your personal and non-commercial purposes only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, Software/App, products or Facility available on Website for any commercial or competitive activity/purpose.
  8. WiT ACE reserves the right to refuse Your access to Website, terminate your account, cancel any partner services, remove and/or edit content on the Website at any time without notice for any reason what-so-ever.

3 - Modifying and Terminating the Services; Terminating Accounts:

  1. You may stop using the Services at any time by closing your Account, or ceasing to use the Service. In such event, you will not be entitled to any refund of any fees that you have paid prior to you ceasing to use the Service.
  2. WiT ACE reserves the right in its sole discretion to cease or suspend providing all or any part of the Service immediately without any notice to you, if: (a) you breach, or threaten or intend to breach, these Terms; (b) WiT ACE is required to do so under any applicable law, rule or regulation; (c) the Service relies on data, services or another business relationship between WiT ACE and a third party service provider, and such relationship terminates or changes in such a way that affects WiT’s ability to continue providing the Service; (d) continuing to provide the Service could create a substantial economic burden on WiT ACE as determined by WiT ACE in its sole discretion; or (e) continuing to provide the Service could create a security risk or material technical burden as determined by WiT ACE in its sole discretion.
  3. If your use of the Service is terminated or suspended pursuant to 2 points above, except to the extent prohibited by any applicable law, rule or regulation, you will have access to, and the ability to export, your Content for a period of thirty (30) calendar days following such termination or suspension. Fees will continue to be assessed based on your actual use of the Service during such period. Without limiting the foregoing, the rights set forth in this point are subject to your payment of any outstanding fees due upon and after termination of your use of the Service.
  4. Any of your obligations under these Terms which by their nature are intended to survive the termination of your use of the Service, shall continue to apply to you after you cease to use the Service.
  5. WiT ACE may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you, including, without limitation, your violation of these Terms or unauthorized use of the Site or Service.

4 - Our Warranties and Disclaimers:

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WiT, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS (COLLECTIVELY WiT ACE ENTITIES) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES, INCLUDING CONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND WiT ACE EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE CONTENT WITHIN THE SERVICES OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.
  2. Disclaimers. THE SERVICE OFFERINGS ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED,WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

5 - Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT WiT ACE ENTITIES WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. WiT ACE ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR ACCOUNT; YOUR DOWNLOADING OR SHARING OF INFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE SERVICES; THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; LINKS PROVIDED BY THE SERVICES OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SERVICES; OR ANY GOOD OR SERVICES SOLD BY SUCH ADVERTISERS. WiT ACE ENTITIES WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT WiT ACE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.

TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE STATED, WiT ACE ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES.

6 - Modifications to the Agreement:

We may modify this Agreement (including any Policies) at any time by posting a revised version on the Site or by otherwise notifying you in accordance with other Sections; provided, however, that we will provide at least 90 days’ advance notice in accordance with other Sections for adverse changes to any Service Level Agreement. Subject to the 90-day advance notice requirement with respect to adverse changes to Service Level Agreements, the modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the end of this Agreement.

7 - Temporary Suspension:

a.
Generally. We may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately upon notice to you if we determine:
  1. your or an End User’s use of the Service Offerings (i) poses a security risk to the Service Offerings or any third party, (ii) could adversely impact our systems, the Service Offerings or the systems or Content of any other WiT ACE or WiT’s customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;
  2. you are, or any End User is, in breach of this Agreement;
  3. you are in breach of your payment obligations under Section 5; or
  4. you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
b.
Effect of Suspension. If we suspend your right to access or use any portion or all of the Service Offerings:
  1. you remain responsible for all fees and charges you incur during the period of suspension; and
  2. you will not be entitled to any service credits under the Service Level Agreements for any period of suspension.

8 - Fees and Payments:

  1. Service Fees. We calculate and bill fees and charges, monthly for certain services while pay per use for others. We may bill you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment. We will invoice you from our registered office at the address of your establishment (as registered with the tax authorities, if applicable) receiving the Services in accordance with the applicable indirect tax. You will pay us the applicable fees and charges for use of the Service Offerings as described on the Site using one of the payment methods we support. Payment will be due within 30 days from the date of our invoice. All amounts payable by you under this Agreement will be paid to us without setoff, or counterclaim, and without any deduction, or withholding unless required by law. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the Site, unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services you are using. We may elect to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments. You acknowledge that WiT ACE may display the applicable fees and charges for the Service Offerings on the Site in USD (or such other currency as WiT ACE may deem fit). However, WiT ACE will invoice you in INR calculated and converted in accordance with the conversion rate determined by us on the date of invoice ("INR Equivalent Fees"). You will only be liable to pay the INR Equivalent Fees indicated in each invoice.
    Any plans or costing, which we may be visible at our website can change at any instance, without prior information. They are charged based on the frequency of your usage of our services. Henceforth, if we find your usage being different than the package you have selected, we may change your package accordingly, that makes it obligatory for you to pay the rest of the amount, if not paid earlier.
    Also, each ‘service’ provided by a third party on WiT ACE website, except for the ‘free services’, will be costed separately (not included in any running scheme or packages).
  2. Taxes: All fees and charges payable under this Agreement will be exclusive of applicable national, state or local Indirect taxes ("Taxes") that WiT ACE is legally obligated to charge under the applicable. For the purpose of this clause, GST will include the Central Goods and Services Tax ("Central Tax"), the State Goods and Services Tax ("State Tax"), the Union Territory Goods and Services Tax ("UT Tax"), the Integrated Goods and Services Tax ("Integrated Tax") as may be applicable. The Taxes charged by WiT ACE will be stated in the invoice pursuant to applicable. WiT ACE may charge and you will pay any applicable Taxes, which are stated separately on the invoice. As per the statutory requirement under GST, you will provide all necessary information such as the correct GST registered address, legal name and GSTIN ("GST Information") in order for WiT ACE to issue correct GST invoices as per the applicable legal requirements. In the event, the GST invoice is incorrect, you will inform us in a timely manner, to enable WiT ACE to correct the GST tax invoice. WiT ACE will determine the place of supply for the Services based on the GST Information provided by you and accordingly, charge GST (CGST and SGST/UTGST or IGST) on its invoice. Any withholding taxes that may be applicable to the fees and charges payable to us are for our account. You will pay the fees and charges in our invoice in full (gross) without applying any withholding taxes. If you separately deposit applicable withholding taxes on such fees and charges to the applicable government treasury and issue us a withholding tax certificate evidencing such deposit, following receipt of the withholding tax certificate in original form, we will reimburse to you an amount equal to the taxes that are evidenced as deposited.
  3. Free Points and Services: We expect you to pay for services beyond your free trial, if any, before you begin your free trial, if applicable, i.e. while you register. Any change in tax/service during that period does not comply the organization to refund the cost already paid. However, due to change in taxes made by the government under whose jurisdiction the office of the WiT ACE resides, the user is implied to pay the due taxes accordingly.

9 - Procedure for Copyright or Other Intellectual Property Infringement Claims:

WiT ACE respects the intellectual property of others, and we expect our users to do the same. WiT ACE may, in appropriate circumstances and at its discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be infringers. If you believe that your copyright or intellectual property rights have been infringed, please write to us at [email protected]

10 - Miscellaneous:

  1. Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this point will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties.
  2. Entire Agreement. This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, and their respective permitted successors and assigns. regarding the subject matter of this Agreement (but does not supersede prior commitments to purchase Services such as WiT ACE EC2 Reserved Instances). We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) including for example, any term, condition or other provision (a) submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document, (b) related to any online registration, response to any Request for Bid, Request for Proposal, Request for Information, or other questionnaire, or (c) related to any invoicing process that you submit or require us to complete. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control, except that the Service Terms will control over this document.
  3. Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
  4. Governing Law. The WiT ACE follows law of India. Without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us.
  5. Disputes. Any dispute or claim relating in any way to your use of the Service Offerings, or to any products or services sold or distributed by WiT ACE or our affiliates will be resolved by binding arbitration by a sole arbitrator appointed by WiT, rather than in court. The decision and award determined by such arbitration will be final and binding upon the parties. Court review of an arbitration award is limited. The arbitration will be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996, as may be in force from time to time. The arbitration proceedings will be conducted in English, and the seat of the arbitration will be New Delhi. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis.
  6. Trade Compliance. In connection with this Agreement, each party will comply with all applicable import, re-import, sanctions, anti- boycott, export, and re-export control rules and regulations, including all such rules and regulations that apply to an Indian company, and all the programs implemented by the Bureau of Indian Standards (BIS). For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Service Offerings, including your transfer and processing of Your Content, the provision of Your Content to End Users, and the WiT ACE region in which any of the foregoing occur. You represent that you and the entities that own or control you, and the financial institutions used to pay WiT ACE under this Agreement, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the Indian Government or other applicable government authority.
  7. Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed and not in a class, consolidated or representative action. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights or contemplated by the other party, and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.
  8. Language. All communications and notices made or given pursuant to this Agreement must be in the English language.
  9. Notice. (a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. (b) To Us. To give us notice under this Agreement, you must contact WiT ACE as follows: (i) by facsimile transmission to 0124-4982426; or (ii) by personal delivery, overnight courier or registered or certified mail to WiT, MGF Mall, Gurgaon. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. English language version of the Agreement will control if there is any conflict. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective 3 business days after they are sent.
  10. Tech Clauses: The tech related clauses for Cookies, HTML Emails, Web Beacons, can be read here. Any update in that section will follow the same procedure as the updates in this section would.
  11. Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
  12. Job Disclaimer. We bring to the notice of every user and individual on the website, that we do not charge / accept any amount or security deposit from job seekers during the selection process. If any person receives any unsolicited or fraudulent communication offering a job or an interview call from WiT ACE against payment of money, it is suggested not to respond. We shall not accept any liability towards the representation made in any fraudulent communication or its consequences and such fraudulent communication shall not be treated as any kind of offer or representation by WiT.
  13. Assessments and Trainings. WiT ACE provides assessments and trainings for the registered candidate which are handled by third parties. The terms of usage and privacy policy for those assessments and trainings would be dealt by the respective third party.
  14. Job Board. WiT ACE has a job board for corporates to post any job posts. They have separate policies/terms of usage which can be Read Here!
  15. Communities. WiT ACE communities are a platform for users to share their respective opinions and experiences for other users to observe and react to. Content posted by users on this section does not necessarily reflect the opinions of WiT ACE or its employees or partners. WiT: (a) does not represent or warrant the accuracy of any statements posted by users; (b) is not responsible for any user content on this site, and (c) does not endorse any opinions expressed by users on this site. By providing content to WiT ACE Communities, you grant WiT ACE the irrevocable, worldwide, transferrable, royalty-free, right to reproduce, distribute, publish, and display such content and the right to create derivative works from your content, edit or modify such content, transfer the medium of such content, and use such content for any WiT ACE purpose regardless of whether such use is part of a Community or otherwise.

    WiT ACE reserves the right, in its sole discretion, at any time, without notice and for any reason, to:
    . Monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue or request to discontinue your access to this Social Media Site;
    . Remove, delete, block, filter or restrict, by any mean, any materials you post;
    . Disclose your communications and activities with WiT ACE and its partners, including in response to lawful requests by governmental authorities (e.g., Patriot Act requests, judicial orders, warrants or subpoenas).

    . While using this, you agree you will not:

    . Violate any local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws regarding any content that you send or receive via these Terms;
    . Transmit any material (by uploading, posting, email or otherwise) that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, or is an invasion of another's privacy, is hateful or racially, ethnically, religiously or otherwise objectionable as solely determined in the WiT discretion;
    . Harass another;
    . Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation or agency relationship with a person or entity;
    . Transmit any material (by any means) that:
    . You do not have a right to make available under any law or under contractual or fiduciary relationships; Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; Contains malware, Trojan horses, viruses, time bombs, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, mobile devices, or telecommunications equipment;
    . Transmit (by any means) any unsolicited or unauthorized advertising (including advertising of non-The Art Institutes services or products), promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; Post any third-party links; or
    . Collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; record any data without authorization, or to share confidential information of any party.

TECH CLAUSES

a.What are cookies and web beacons?
A "cookie" is a piece of information that is stored on your computer's hard drive and which records your navigation of a website so that, when you revisit that website, it can present tailored options to you based upon the stored information about your last visit. You can normally alter the settings of your browser to prevent acceptance of cookies. Cookies are used by nearly all websites and do not harm your system. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to disallow cookies using different types of browsers. Please note however, that by blocking or deleting cookies used on our site you may not be able to use the key site features, such as signing up, logging in, and applying for jobs or posting job vacancies.
Web beacons are snippets of programming code included in web pages, emails, and ads that notifies us or our trusted third-party service providers when those web pages, emails or ads have been viewed or interacted with. Cookies, web beacons and similar technologies serve various purposes, but are essential in allowing our websites and services to function properly. Without these technologies, we will not be able to provide you with essential features such as secure areas and payment portals. Accepting the use of these technologies is a condition of using our websites, services, and other applications.
b. How do we use cookies?
We use "cookies" to:
  • monitor site user traffic patterns and site usage. This helps us to understand how our users use our websites so that we can develop and improve the design, layout and functionality of the sites; and
  • to help us to advertise to you jobs we think you will be interested in.
  • Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
  • There are different kinds of cookies with different functions:
    1. Session cookies: these are only stored on your computer during your web session. They are automatically deleted when the browser is closed. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.
    2. Persistent cookies: a persistent cookie is one stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. We use persistent cookies for Google Analytics (see section 6 on Google Analytics) and for personalization cookies (see section 7 on Personalization Cookies).
The only third-party cookies we use on our site are Google Analytics (please see section 6 on Google Analytics)
c.The Cookies we use: The cookies we use are explained below:
  1. Strictly necessary cookies: These cookies are essential to enable you to use the site effectively such as applying for a job, posting a job vacancy or asking for financial benefits and therefore cannot be turned off. Without these cookies, the services available to you on our site cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
  2. Performance cookies: These cookies enable us to monitor and improve the performance of our site. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular. We also use Google analytics for this purpose (see section 6) and all information these cookies collect is aggregated and therefore remains anonymous. These cookies do not collect information that identifies a visitor, as all information these cookies collect is anonymous and is only used to improve how our site works.
  3. Functionality Cookies: These cookies allow our website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced features. For instance, a website may be able to provide you with news or updates relevant to the policies you use. These cookies can also be used to remember changes you have made to text size, font and other parts of web pages that you can customize. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymized.
d.Google Analytics:
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. Google uses the __utma cookie. This is a persistent cookie that expires in two years. With each new visit, the expiration date is refreshed. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
e.Personalization cookies:
This website uses personalization cookies which help us to advertise to you jobs that we think may be of interest. These cookies are persistent (see section 2 above) and mean that when you log in or return to the website you may see advertising for jobs that are similar to jobs that you have previously browsed.

For information on how to reject these personalization cookies, see section 8 below.
f. How to reject cookies::
If you don’t wish to receive cookies that are not strictly necessary to perform basic features of our site you may choose to opt out of them by selecting the appropriate box on the top right-hand-side of this page.
Note that most web browsers will accept cookies, but if you would rather that we did not collect data in this way you can choose to accept all or some or reject cookies in your browser's privacy settings. Rejecting all cookies means that certain features cannot then be provided to you and accordingly you may not be able to take full advantage of all our website's features. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.

For more information generally on cookies, including how to disable them, please refer to aboutcookies.org (http://www.allaboutcookies.org/). You will also find details on how to delete cookies from your computer.