These General Terms and Conditions (“Terms”) of use/access/browsing of the GENLEAP [website, mobile applications or API’s] (“GENLEAP Platform”) are between GENLEAP Ecosystem Private Limited (“GENLEAP”, “We”, “Us” and “Our”) and its users (“User”, “You” and “Your”).
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
In the event of any discrepancy between the Terms and any other policies with respect to the use/access/browsing of the GENLEAP Platform, the provisions of the Terms shall prevail.
Your use/access/browsing of the GENLEAP Platform, even without registering on the GENLEAP Platform, through any means shall signify your acceptance of the Terms and your agreement to be legally bound by the same.
1. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained on the GENLEAP Platform are the proprietary property of GENLEAP (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from GENLEAP and nothing on this platform shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to GENLEAP, to the User. You may own the medium on which the information, content or materials resides, but GENLEAP shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by GENLEAP on such medium. Certain contents on the platform may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.
2. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use the GENLEAP Platform, except under the legal /constructive guardianship of such persons capable of entering into contract on behalf of such users. In such a case, GENLEAP assumes that the Terms and other related aspects and conditions for the purpose of use of/ access to the GENLEAP Platform, are being agreed to by the legal guardian and the terms “User”/”you”/”your” shall be interpreted accordingly.
3. Your access/use/ browsing of the GENLEAP Platform is subject to the following restrictions:
a. You may not decompile, reverse engineer, or disassemble the contents of the GENLEAP Platform or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the GENLEAP Platform, or remove any copyright, trademark registration, or other proprietary notices from the contents of the GENLEAP Platform.
b. You will not use the GENLEAP Platform for any commercial purpose or use any public forum for commercial purpose of any kind, or use the GENLEAP Platform in any way that is unlawful, or harms GENLEAP or any other person or entity as determined by GENLEAP.
c. No User shall be permitted to perform any of the following prohibited activities while using/accessing/ browsing the GENLEAP Platform:
i. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. Making available any content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or prevents investigation of any offence or is insulting any other nation.
iii. Stalking, intimidating and/or harassing another and/or inciting another to commit violence;
iv. Transmitting material that encourages anyone to commit a criminal offence, an act that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
v. Interfering with any other person's use or enjoyment of the GENLEAP Platform;
vi. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
vii. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the GENLEAP Platform/ its application and services, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
viii. Access/use the GENLEAP Platform in any manner that could damage, disable, overburden or impair the server or the networks connected to the server on which the platform is hosted.
ix. Intentionally or unintentionally interfere with, or disrupt the services or violate any applicable laws related to the use/access/browsing of the GENLEAP Platform, violate any requirements, procedures, policies or regulations of networks connected to the GENLEAP Platform, or engage in any activity prohibited by these Terms.
x. Disrupt or interfere with the security of, or otherwise cause harm to, the GENLEAP Platform, materials, systems, resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the GENLEAP Platform or any affiliated or linked sites;
xi. Interfere with, or inhibit any User from using and enjoying access to the GENLEAP Platform or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the GENLEAP Platform;
xii. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the GENLEAP Platform, to access, acquire, copy or monitor any portion of the GENLEAP Platform, or in any way reproduce or circumvent the navigational structure or presentation of the GENLEAP Platform, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the GENLEAP Platform;
xiii. Alter or modify the GENLEAP Platform;
xiv. Use the GENLEAP Platform for purposes that are not permitted by (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
4. In the preparation of the GENLEAP Platform and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, GENLEAP disclaims any responsibility for any errors and accuracy of the information that may be contained in the GENLEAP Platform. Any feedback from Users is most welcome to make the platform and contents thereof error free and user friendly. GENLEAP also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither GENLEAP nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on GENLEAP Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5. GENLEAP does not guarantee that the GENLEAP Platform and its contents are free of defects, malware and viruses.
6. The content/information provided on the GENLEAP Platform is provided on an ‘As Is’ basis and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the GENLEAP Platform. From time to time the platform may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the GENLEAP Platform from another website or document without GENLEAP’s prior written consent.
7. GENLEAP prohibits caching the GENLEAP Platform and you may not ‘frame’ or ‘mirror’ any website or any other server or wireless or internet based device. GENLEAP reserves the right to disable any unauthorised links or frames.
8. Certain contents on the GENLEAP Platform may contain opinions and views. GENLEAP shall not be responsible for such opinions or any claims resulting from them. Further, GENLEAP makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of the content on the GENLEAP Platform.
9. GENLEAP has no obligation to monitor but shall have the right to monitor the download and usage of the GENLEAP Platform and analyze such usage to enable effective and efficient usage of the GENLEAP Platform.
10. GENLEAP reserves the right at any time, without prior notice, to remove or disable your access to the GENLEAP Platform, at its sole discretion, if it considers you to be in violation of these Terms or otherwise harmful to the GENLEAP Platform. Users who have been suspended or blocked may not register or attempt to register with GENLEAP or use the GENLEAP Platform in any manner whatsoever until such time that such User is permitted to do so by GENLEAP.
11. The GENLEAP Platform and content are compatible only with certain devices/tablets/instruments/hardware. GENLEAP shall not be obligated to provide/host the GENLEAP Platform for instruments that are not recognized by GENLEAP or for instruments that are not compatible with the GENLEAP Platform. GENLEAP reserves the right to upgrade the type of compatible devices as required from time to time.
12. GENLEAP shall have no responsibility for any loss or damage caused to tablet or any other hardware and /or software and/or instrument, including loss of data or effect on the processing speed, resulting from your use of the GENLEAP Platform.
13. You acknowledge that your ability to use/access/browse the GENLEAP Platform is dependent on external factors such as internet service providers and internet network availability and GENLEAP cannot guarantee accessibility to the GENLEAP Platform at all times. GENLEAP shall not be liable to you for any damages arising from your inability to use/access/browse the GENLEAP Platform at any time.
14. You agree to defend, indemnify and hold harmless GENLEAP, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use/misuse of and access of the GENLEAP Platform; (ii) your violation of any term of these Terms or any other policy of GENLEAP; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; (iv) any misrepresentation or breach of representation, warranty or covenant made by you contained herein; or any claim that your use of the GENLEAP Platform has caused damage to a third party. You agree to pay any and all costs, damages and expenses (including reasonable attorneys’ fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding. This defence and indemnification obligation will survive these Terms.
15. In no event shall GENLEAP, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, your use of, or access to, the GENLEAP Platform.
16. In the event of your breach of these Terms, you agree that GENLEAP will be irreparably harmed and may not have an adequate remedy in money or damages. GENLEAP therefore, shall be entitled in such an event to obtain an injunction against such a breach from any court of competent jurisdiction. GENLEAP’s right to obtain such relief shall not limit its right to obtain other remedies. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
17. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in the country of jurisdiction and you hereby accede to and accept the jurisdiction of such courts.
18. If you choose to access the GENLEAP Platform from outside India, you are responsible for compliance with foreign and local laws. By using this platform, you represent and warrant that you are in compliance with all local and foreign laws.
19. GENLEAP has the right to change, modify, suspend or discontinue and/or eliminate any aspect, features or functionality of the GENLEAP Platform as it deems fit at any time without notice, for which it shall not be liable in any manner including for deficiency of service under the applicable laws.
20. Further, GENLEAP has the right to amend these Terms from time to time without prior notice to you. Accordingly please continue to review the Terms whenever accessing or using the GENLEAP Platform. Your use of the platform, after posting of modifications to the Terms will constitute your acceptance of the Terms as modified.
21. GENLEAP makes no commitment, express or implied, to maintain or continue any aspect of the GENLEAP Platform. You agree that GENLEAP shall not be liable to you or any third party for any modification, suspension or discontinuance of the GENLEAP Platform.
22. DISCLAIMER: GENLEAP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PLATFORM, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, GENLEAP SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GENLEAP PLATFORM. YOUR USE OF ANY INFORMATION OR MATERIALS ON THE GENLEAP PLATFORM IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE.
23. REPRESENTATIONS AND WARRANTIES: You represent, warrant and covenant that you: (i) can form legally binding contracts under applicable law; (ii) shall not use any rights granted hereunder for any unlawful purpose; and (iii) shall use the GENLEAP Platform only as set forth in these Terms.
24. GENERAL PROVISIONS
b. Any failure by GENLEAP to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by GENLEAP of that provision or right.
c. If you have any questions, suggestions or complaints, with respect to the Terms please feel free to contact us at firstname.lastname@example.org.