Welcome to originbluy.com (which shall hereinafter be referred to as “Website”) and the IOS/Android Application ‘OriginBluy’ hereinafter referred to as “Application” or “App” owned by Originbluy Private Limited, having its registered office at D 101 Sector 4 Plot 13, Dwarka, New Delhi, 110075 India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
The term “You” or “User” shall mean any natural or legal person or entity including accessing or using the services provided on this Website/App. For the removal of doubts, “Coaches” shall also be included in the definition of “User”.
The term “We”, “Us”, “Our” shall mean the Partnership/Website or App
The terms “Party” & “Parties” shall respectively be used to refer to the User and the Partnership individually and collectively, as the context so requires.
“Coachees” shall mean people who want to use coaching services provided by the Coaches listed on the website/App.
“Coaches” shall mean natural or legal persons who help people identify and achieve personal goals and are providing such services through the Website/App.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Website/App if you are not competent to contract under the Indian Contract Act, 1872 and any other applicable laws, rules and regulations.
This Agreement shall continue to be in full force and effect as long as you access and use the Website/App.
Either You or We may terminate the agreement at any time, with or without cause. However, We reserves the right, in our sole discretion, to terminate your access to the products and services offered on the Website/App or any portion thereof at any time, without notice.
The Website/ App are online platforms which enables users to asses themselves and enroll in programs for self development. Coaches come to Us and register their services. The Coachees register on the website/app. The users can browse through the profile of the Coaches and can book the time of a Coach. We are a people development legal entity. We create self-inspired individuals who strive to raise their bar higher and inspire an eco-system. Our programs actively use theatre, design thinking and travel for initiating the change. The change is sustained by the science of habits created as a part of the program. Along with our variety of plans, the Website/ App offers trained customer service representatives who will help our customers use the App with ease and peace of mind. We realize our customer base may not be ‘internet-friendly’, which is why We will have people to help them make their purchases without any hassle.
The User as well as Coaches need to register themselves with the Website/ App after which the User will create an account by paying the requisite fee. The user will also have the option to login to the Website/ App through Facebook or Gmail. All transaction shall take place through the website and/or mobile app You may be asked to register by providing certain basic personal information which shall include but not be limited to the User’s Name, Date of Birth, Photograph, Sex, Email Id, Location, credit/debit card details, etc. Coaches can register themselves by providing information such as Name, Picture, eMail address, contact number, Certification, Testimonials, Articles/ blogs, Videos, About their business, About their coaching process, hourly billing rate, etc.
We charge fees for certain services, such as introduction fees for services, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by placing on our Website. Coaches can register themselves for free and then further upgrade themselves to the paid service. We take a percent of hourly coach billing for billed hours. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
The following payment options are available for Users who wish to use the Website/ App:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will be required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) (unless it’s an American Express Card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. Your credit card or debit card statements will reflect by Originbluy Private Limited. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To subscribe to a plan you will need to complete the transaction on the Website/ App. This may or may not be assisted with a phone call with the customer service representative. By subscribing to a plan on the site, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the Website/ App or affiliated Website/ Apps where specifically referred to such affiliated Website/ Apps.
Refunds may only be issued purely at the Partnership’s exclusive discretion and determination.
Transactions on the Website/ App are secure and protected. Any information you enter when transacting with the Website/ App is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. This information is taken directly by the payment gateway provided who is authorised and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
You are a restricted user of this Website/ App.
You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/ App. With our prior permission limited use may be allowed For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/ App is not permitted.
You agree not to access (or attempt to access) the Website/ App and/or the materials or Services by any means other than through the interface that is provided by the Website/ App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/ App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/ App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App. You acknowledge and agree that by accessing or using the Website/ App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/ App. Further, You may report such offensive content.
You agree not to download any file without obtaining our prior permission.
In places where this Website/ App allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.
As a Coach you understand that you cannot indulge in any monetary traction with the customer outside the market place provided on the website/app.
As Coach you also understand that in case the Coachee is not satisfied with the services provided by you he/she will be refunded the full money and no amount shall be paid back to the Coach. Further,
You undertake not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Engage in any activity that interferes with or disrupts access to the Website/ App or the Services (or the servers and networks which are connected to the Website/ App);
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Post any file that infringes the copyright, patent or trademark of other legal entities.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/ App or another’s computer;
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Probe, scan or test the vulnerability of the Website/ App or any network connected to the Website/ App, nor breach the security or authentication measures on the Website/ App or any network connected to the Website/ App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/ App, or any other customer of the Website/ App, including any Website/ App Account not owned by You, to its source, or exploit the Website/ App or Service or information made available or offered by or through the Website/ App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/ App;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website/ App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/ Apps or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
Do any act that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
Create liability for Us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
Notwithstanding other legal remedies that may be available to Us, We may in our sole discretion limit User access and/ or activity to any User and/or refuse to provide User with access to the Website/ App, temporarily or permanently
If the User is in breach any of the terms and conditions of this Agreement;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If Your actions may cause any harm, damage or loss to the other Users or to Us.
You agree to defend, indemnify and hold harmless Us, our employees, directors, officers, agents and their successors and assigns against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/ App or Service. Neither shall we be responsible for the delay or inability to use the Website/ App or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website/ App, or otherwise arising out of the use of the Website/ App, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be held responsible for non-availability of the Website/ App during periodic maintenance operations or any unplanned suspension of access to the Website/ App that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website/ App is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
We assume no liability or responsibility for damage or injury to persons or property arising from any service, information, idea, or instruction contained on the site or in any materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of any service and site. We are no way liable for the misuse of our product or service by you. The materials appearing on our Website/ App could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its web site are accurate, complete, or current or suitable for a particular purpose. We may make changes to the materials contained on its web site at any time as and when appropriate, without any notice.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, we own all Intellectual Property Rights to and into the Website/ App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website/ App. Limited reproduction and copying of the content of the Website/ App is permitted provided that our name is stated as the source and prior written permission of the Partnership is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/ App is not permitted.
Notwithstanding the foregoing, it is expressly clarified that the user will retain ownership and shall solely be responsible for any content that the user provide or upload when using any Service, including any text, data, information, images, photographs, or any other material which the user may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) the user expressly agree that by uploading and posting content on to the Website/App for public viewing and reproduction/use of the user’s content by third party users, the user accept the User whereby the user grant a non-exclusive license for the use of the same.
While submitting any proprietary information to us to enable us to deliver our service to you effectively, you represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information provided to us in furtherance of or in connection with these terms including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos, written content/copy for any use, to include copy for web design and brochures/flyers and similar materials or information.
You understand that the Partnership retains the rights to all designs and materials delivered to you and does not transfer any rights in these materials to you.
You may not use any of our intellectual property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us in any way.
Except as otherwise expressly stated with respect to our products, all contents of the site are offered on an “as is” basis without any warranty whatsoever either express or implied. We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. While We try our best to ensure the following, we make no warranties that our products or services will be provided in a timely and secure manner, or without errors or defects, or that our products or services will not infringe on the intellectual property or proprietary rights of any third party. We do not warrant that the results obtained from Your use of the products or services provided by us will meet your expectations. We do not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
We welcome your suggestions and comments regarding your experience using our Website/Mobile App. Any comments, ideas, suggestions, initiation, or any other content you contribute to this site or to the Partnership (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by us will not infringe upon or violate the rights of any third party.
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Partnership reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. However, the parties in good faith will attempt to bind by the decision.
Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in New Delhi, India. The mode of appointment of the arbitrators is as provided above.
In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of New Delhi, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in New Delhi, India, and you hereby submit to the personal jurisdiction of such courts.
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
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