THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN SUCCEED SAFE AND USERS. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN SUCCEED SAFE AND USERS FOR SERVICES THROUGH WEBSITE WWW.SUCCEEDSAFE.IN. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY SUCCEED SAFE.
Welcome to https://www.succeedsafe.in/ (Website and Mobile Application) that is absolutely owned and operated by “Succeed Safe” which provides training, assessment , coaching ,projects and implementation of the road safety management among the drivers, passengers, pedestrians, and other road users (hereinafter referred to as “Succeed Safe”, which expression shall unless repugnant to the context thereof, include its successors and assigns) a sole proprietorship concern under laws of India.
“Succeed Safe”; “us”; “we”; “our” shall mean Succeed Safe, a sole proprietorship concern, having its office at Q-7, Prathamesh, Bombay Dyeing Compound, Veer Savarkar Road, Prabhadevi, Mumbai-400025
“Service(s)” shall mean various services offered by us through Website or any other link provided or published on any social media including but not limited to various training programs and webinars and e-modules such as “Defensive Driving (a) Behind The Wheel- for 4 wheelers and (b)-Behind the Handlebar- for 2 wheelers ”, driver training and assessment, road safety consulting, road safety workshops or any other allied services offered from time to time.
“Users” shall mean users who visit and access the Website, who may register to avail Services.
“Website” shall mean https://www.succeedsafe.in/ owned operated and managed by us.
“You” or “Your” or “Yourself” refers to the Users or viewers of this Website.
For Users, there is no fee to access the Website but in case any fees are made applicable to avail all or some of the offerings it shall be duly informed to You. Users who wish to purchase e-module as a part of Services are required to Register on Website. Registration can be done through log in on any other portal or LMS of respective User’s corporate entity or any other mode as prescribed by Website from time to time. In case You login through any other such platform, You authorise the platform to obtain and verify Your credentials with such platforms.
Registration can also be done through log in credentials on Facebook or any other mode as prescribed by Website in future. In case You login through Facebook, or any other such platform, You authorise the platform to obtain and verify Your credentials with such platforms.
You are required to provide authentic personal details while registering on the Website. You will be required to provide information including but not limited to full name, Registered address, postal code, city, state, country, email ID, password, mobile number, gender, Details of Employees (in case of corporate entity), name of school, grade, guardian name, Organisation Name (if applicable), Driving License Number, etc.
You agree that at the time of registration, the information provided by You shall always be accurate, correct and complete. You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Website by sending an email to the Contact us- Email Id provided on the portal. You shall provide any additional information as required by the Website from time-to-time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.
Through this Website we provide Services as mentioned below:
User agrees to make payment with the help of payment gateway or by any other mode as may be made available on Website from time to time. User agrees to abide by and adhere to the terms and conditions of payment gateway providers. Website shall display costs pertaining to Services and Users liability regarding tax and GST as applicable from time to time. The Corporates will be making the Fund Transfers directly to the Bank Account number provided to them, and the payment will be made as per the payment terms agreed between Succeed Safe and the corporates.
The payments shall be secured as per permissible remittance mechanism and payment gateways. The Users understand and acknowledge that Website undertakes utmost care to provide secure online payment system. However, it is susceptible to hacking, virus attacks, malfunction. The Users undertake all payments subject to own risk and volition. The Website shall not be liable for any loss or damage occurred to you due to any such malfunction, errors and/or unscrupulous activities.
The Website shall not provide refunds or adjust any fees in whatsoever manner, unless specifically agreed in writing.
Any complaints regarding Services will be resolved through email between You and the Website as the case may be. You shall email us on firstname.lastname@example.org in order to register your complaint. In case you have registered through any particular corporate/entity, such corporate will address your complaints to Succeed Safe in order to resolve the same. In case You notice any Content which is inappropriate, offensive, indecent or objectionable with respect to religious values, caste, culture, nationality, beliefs You shall email us on the provided email id.
We follow ethical business practices and intend to provide the content, which is authorised, relevant and applicable and does not infringe any third party’s rights. You acknowledge that Website does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos (collectively, the “Content”) which You may have access to as part of the Website, or through Your use of this Website. Under no circumstances, Website is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Website. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Website on email@example.com After registering the complaint, Website will take appropriate legal actions against such incidence including removal of such Content.
You understand, agree and acknowledge that the Content displayed on the Website belongs to Us or owned by our Licensors. Accordingly, the Content is protected under copyright law. Any copy, transfer, modification or creation of derivative work, recording, unauthorised sharing of the Content on your part will amount to copyright infringement, and appropriate legal action shall be taken as per law by Us or our Licensors at your sole cost and consequences.
You represent, warrant, and agree that no content or details shared by You with Website (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use Your Content and details including but not limited to blogs, comments, video, audio, trademarks, service marks, logos etc. submitted by You, You also grant us the right (i) to display Your Video Content and details on the Website or any other social media platforms (ii) promote or distribute it for the access of other customers.
You agree that You are solely responsible for Your Content made available by You through the Website including but not limited to any liabilities arising out of any third-party infringement claims.
We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material.
This Website may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Website and Website is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.
Website provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platforms by Website. Your link to any such Linked Platforms is entirely at Your own risk. Website is not a party to any transaction between You and a Linked Platforms. Your use of a Linked Platform is subject to the terms and conditions of that site.
The Website may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services unless specifically mentioned by Website. You are referred to the relevant advertiser for all information regarding the advertisement and its Products or services. Website accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
You may get access to message boards, live chat rooms, emails, and other feature (“Ancillary Services”) that may be /are offered from time to time on the Website and may be operated by us or by a third party on our behalf. As elaborated in Ownership of Intellectual Property Rights, Website shall not be responsible for any copyright infringement for the blogs written on the Website. You shall not use these Ancillary Services to perform any illegal activities (including without limitation legal rights, such as rights if privacy of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. The Website reserve the right to remove any live chats, comments or information provided by you if the Website considers this inappropriate.
You agree not to engage in any of the following activities:
Violating laws and rights:
You shall not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You shall not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You shall not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.
You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Website;
Impersonation or unauthorized access:
You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Website. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking password mining or any other means.
You expressly acknowledge and agree that use of the Website and Services is entirely at Your own risk and that the Website, and the Services therein are provided on an "as is" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Succeed Safe, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Website, provision of Services and your use thereof. Succeed Safe makes no warranties or representations that-
In no event shall Succeed Safe its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Succeed Safe has been advised of the possibility of such damages), resulting from any aspect of Your use of the Website, including without limitation whether the damages arise from use or misuse of the Website, from inability to use the Website, or the interruption, suspension, modification, alteration, or termination of the Website. Such limitation of liability shall also apply with respect to damages incurred by reason of Services or rendered through or advertised in connection with the Website or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or any links on the Website. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Succeed Safe shall not be liable for user details or content or defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with You.
In any event, the total aggregate liability of Website to You under any applicable law whatsoever for all loss or damage arising out of access to the Website shall be limited to amount of enrolment for Services availed by You on the Website.
The Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Website are owned by the Succeed Safe and its affiliates, subsidiaries, licensors, Users as the case may be. The Website respects copyright, and we prohibit Users from using the Content for professional gain, commercial purposes or using such content on social media without prior written permission of Succeed Safe
If You believe that the Website contains elements that infringe Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or Services infringes a copyright, You may notify us at firstname.lastname@example.org with the details.
All materials on this Website, including but not limited to audio, images, software, text, icons and such like (the “Website Content”), are protected by copyright under the copyright laws. You cannot use the Website Content, except as specified herein. Users are not allowed to use the Website Content for any purpose other than specifically permitted herein. In case of violation of copyright laws, You shall be liable under Section 51 of Copyright Act, 1957 or any other such regulations from time to time.
By displaying our logo, service marks and trademarks on the Website, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes, and appropriate legal action shall be taken.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
Force Majeure: Without limiting the foregoing, under no circumstances shall the Website is held liable for any damage or loss due to deficiency in performance of Services or delay in delivery of Product resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Website.