Terms and Condition | HerKey

1. Eligibility

1.1. You will be eligible to utilise or avail the Services and/or enter into transactions on the Platform only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above eighteen (18) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject. Even upon the satisfaction of the above conditions, the Company reserves the right to determine your eligibility to use the Platform or the Services, upon its sole discretion. We rely completely on the information provided by you and we shall not be held liable if you or anyone who uses the Services is not an eligible User.

1.2 By visiting the Platform and accepting these Terms, you represent and warrant that you are competent to contract under the Indian Contract Act, 1872. You also represent and warrant that you will use the Platform, your Account (as defined herein) and the Services in a manner consistent with any and all applicable laws and regulations and for the purposes for which they are permitted to be used. You also represent and warrant that you will not access or use the Platform or any Services through any device that you do not own and control and the mobile phone number that you provide at the time of registering for an Account is registered in your own name.

2. Registration and Account

2.1. In general, you can visit the Platform and access certain parts or sections of the Platform and view certain details of the Services on the Platform without revealing your identity or any personal information about yourself, provided that the Company may, in future, limit the aforesaid access to certain parts of the Platform and certain details of the Services and render them accessible only by creating an Account on the Platform and/or on a paid basis. At such time, you would be required to fulfil the aforesaid condition(s). However, you may not be able to access certain areas/sections of the Platform or Services in accordance with the terms contained herein unless you register with and create an account on the Platform ("Account") and/or reveal your identity and/or other information about you as specified in the Privacy Policy or as may be specified at the time you create an Account, or in the event you already have an existing Account, unless you login using your existing Account credentials and the login mechanism extended by us. You may be required to submit a one-time password for verification purposes at the time you create an Account on the Platform or at the time you login to your existing Account.

2.2. The Company reserves the right to restrict, refuse, suspend or terminate your access or usage rights to your Account or the Platform and/or your ability to avail any of the Services, at any time, if it is brought to Company’s notice or if it finds, in its sole and absolute determination, that you are in breach of the eligibility criteria set out above or if you violate these Terms, the Privacy Policy and/or Additional Terms (if applicable). Any such restriction, refusal, suspension, or termination will be without prejudice to any rights that we may have against you hereunder, at law or in equity in respect of your breach of these Terms, the Privacy Policy and/or Additional Terms (if applicable). If your Account, or your access to or use of the Platform or any Services, is terminated or deactivated for any reason whatsoever, we may delete any information or materials provided by you or stored in your Account or relating to your use of the Platform and/or any Services, and we shall have no liability to you or any third party for doing so. Notwithstanding such termination or deactivation, information provided by or obtained from you may be retained by us for such period as mandated by applicable law and otherwise for such longer period as consented to by you (which consent shall include without limitation, consent accorded by you through the acceptance of the Privacy Policy).

2.3. You may not use as a username for your Account, the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You are solely responsible for maintaining the confidentiality of your Account and its password and are also solely responsible for all activities resulting from the use of your Account and all activities conducted, or content posted, through your Account.

2.4. You shall not have more than one active Account on the Platform. Additionally, you are prohibited from transferring your Account to any third party or sharing of login credentials of your Account with any third party or impersonating any other person or entity for the purposes of creating an Account on the Platform and/or accessing or using any Services.

2.5.You agree that your ability to access the Platform, sign in/log in to your Account or access or use any Services is dependent upon external factors such as your device’s compatibility with the Platform and internet network connectivity, and we shall not be liable to you with respect to your inability to access the Platform, sign in/log in to your Account or access or use any Services.

2.6. While we have no obligation to monitor your access to or use of your Account and/or any Services, we have the right to do so for the purpose of ensuring your compliance with these Terms, the Privacy Policy, the Additional Terms (if applicable) and applicable laws.

3. Services

3.1. The Services that we intend to offer to you through the Platform are as follows and may be subject to different limitations, features and restrictions:

a) a platform on/through which HER Users can search and apply for jobs and employment related opportunities posted by Entities on the Platform;

b) a platform on which Entities can list their jobs postings, review HER User/Candidate applications and potentially recruit HER Users/Candidates who apply for their job postings based on their selection criteria;

c) a platform where career-oriented and other allied courses/sessions may be offered by licensed third parties ("Partners") or by or on behalf of the Company ("Courses"), and which may be made available to Users on a free of cost basis or on a paid basis;

d) an offering through which certain industry experts, thought leaders, subject matter experts may, subject to the Company’s discretion, enrol themselves or be empanelled as a "mentor" on the Platform ("Mentor"), list their profiles therein and upon invite from the Company have an opportunity to participate in mentorship programs/sessions conducted for Users focusing on professional guidance, career motivation, empowerment and other allied subject matters;

e) an offering through which audio-only or audio-visual time-bound sessions can be created by certain Users for interactive discussions among a limited group of Users who have registered for and are participating in the relevant session ("Session");

f) online events/roundtables organised or conducted by or on behalf of the Company ("Event");

g) A networking offering which may allow certain Users to create, invite and join groups (such as discussion groups) on the Platform ("Groups") in an open or closed environment;

h) An offering where or through which certain Users can create, upload and share posts on the Platform or certain areas of the Platform as may be determined by the Company and which may contain text, media, links, and polls ("Posts");

i) A platform on which entities can promote their brand(s), offering(s), product(s) or service(s) ("Advertisers") to other Users by means of advertisements/promotions ("Advertisements"), and which may be made available to Advertisers on a paid basis; and

j) Any other services as may be determined by us from time to time.

3.2. It is hereby clarified that each of the Company’s Services is tailored for specific categories of Users, and the availability of a particular Service to a certain category of User depends on the nature of that Service. Consequently, certain categories of Users may be eligible to access and avail certain Services while others may not.

3.3. To gain access to certain Services listed on the Platform, Users may be required to undertake additional registration procedures specific for that relevant Service, including without limitation, registration on the relevant Service page and additional payment protocols. Access to and registration for the Services shall be subject to a User’s compliance with these Terms, the Privacy Policy as well as the Additional Terms (if applicable) applicable to a particular Service.

3.4. While certain Services may be provided by the Company on a "free of cost basis", i.e., without any charge or monetary cost, certain Services and premium features are provided by the Company on a paid basis ("Paid Services") and in order to avail such Paid Services, you would be required to make payments of the Services Fee (as defined herein) applicable to the Paid Services you choose to avail. The fee/payment payable for availing any Paid Service shall hereinafter be referred to as "Services Fee".

3.5. Unless we otherwise agree, the Services Fee for the Paid Services you have selected to avail is fully payable and will be billed at the time you register for such Paid Services. Further, unless we agree otherwise, you shall not be allowed to avail any Paid Services before making full payment of the Services Fee with respect to such Paid Services.

3.6. The payment of the Services Fee can be made through such methods as may be notified to you at the time of payment of the Services Fee. You agree to bear all charges which may be incurred in the course of processing such payment.

3.7. As a general matter and unless we otherwise agree, the Services Fee billed are non-refundable and non-cancellable, irrespective of whether you avail of the Paid Services or any part thereof. It is clarified that if we suspend or terminate your access to or use of any Paid Services due to any breach on your part of these Terms, the Privacy Policy or the Additional Terms (if applicable), we will not be liable to refund any part of the Services Fee paid by you.

3.8. You acknowledge and agree that we may use third party payment gateway providers to process and facilitate your payment of Services Fee. You understand and agree that you will be required to follow all the terms and conditions of such payment gateway providers with respect to processing of payment of the Services Fee. We, in no way, take responsibility for or accept liability of whatsoever nature in respect of any loss or damage that you may suffer, whether directly or indirectly, arising out of your interactions with the payment gateway provider or your inability to process/make a payment of the Services Fee. In the event of any disputed payments made with respect to the Services Fee or any complaint related to payment processing, we will pass on the dispute/complaint to the concerned payment gateway provider for resolution. This shall be the extent of our obligation in this regard.

3.9. You agree that the Company may, at its sole discretion, at any time suspend and/or cancel any Services and that the Company shall not be held liable for any damage or losses caused as a result of such altering, amending, suspension or cancellation of any Services. In the instance of cancellation of a Paid Service provided by the Company, HER Users/Candidates already enrolled in such cancelled Paid Service shall be entitled to a proportionate refund of the Services Fee paid by them to the Company, which shall be calculated pro rata based on the number of days the Paid Service was delivered by the Company to the HER User/Candidate. You hereby agree that the refund of the Services Fee, as provided herein, shall be your sole and exclusive remedy against the Company in the instance of a cancellation of a Paid Service provided by the Company after your registration for such Paid Service.

3.10. The Company may, at its sole discretion, alter or amend the Services Fees for one or all the Paid Services listed on its Platform through notification of the revised Services Fee against the relevant Paid Services, which revision shall be applicable to any User who enrols or subscribes for the relevant Paid Service after the publication of the revised Services Fee. It is clarified that any revision or amendment of the Services Fee for any Paid Services shall not affect or require additional payment for any User who is already enrolled or a subscriber to any Paid Service as of the date of notification of the revised Services Fees for such Paid Service.

3.11. An indicative description of the Services available to each category of User, subject to the terms contained herein, is provided below.

4. HER Users/Candidates

4.1. To avail of the relevant Services, you are required to create a profile on your Account by entering certain specified information which shall include (but not be limited to) information related to your identity, professional experience, qualification as well as any professional, academic or personal references and recommendations, location, remuneration, resume, address and contact numbers. By availing of the Services, you hereby authorise the Company to make available, at the Company’s sole discretion and at any time during the period that you are registered as a HER User/ Candidate, your profile to Entities and/or other Users registered on the Platform. All this information will be complied under the "Profile" tab in your Account.

4.2. You hereby also authorise the Company to store, index or archive in the Company’s database, subject to these Terms and the Privacy Policy, all information obtained as a result of rendering of the Services to you by the Company. You hereby agree that part or all of this information may be shared with Company’s existing or future clients or affiliates as part of its Services to such clients or association with such affiliates.

4.3. You acknowledge, consent and agree that the Company may, based on your profile and resume, recommend you and share your profile with prospective Entities who purchased the Company’s Featured Jobs Package (as defined herein), for the "featured jobs" of such prospective Entities and who are seeking prospective hirers for such "featured jobs", even if you have not applied for such job. However, please note that the final decision to pursue any of these job opportunities rests entirely with you.

4.4. We may recommend you job listings which are featured as "featured jobs" on the Platform. We recommend job listings to HER Users based on a User’s profile and resume information. These recommendations are generated algorithmically and may not always be accurate or suitable.

4.5. We do not guarantee the availability of specific job opportunities or successful job placements. The decision to respond to applications and the selection process lie solely with the respective Entities. HER Users understand that submitting a job application does not guarantee a response from an Entity. Entities have the sole discretion to review and respond to applications. The final decision to hire a HER User/Candidate is at the discretion of the Entity, and we do not influence or control this process.

4.6. You may register for Courses/Sessions/Events through the designated registration process made available on the Platform. Your successful registration for a Course, Session or Event, as the case may be, shall be subject to such terms and conditions and eligibility as may be determined for the relevant Course/Session/Event and as stated herein.

5. Profile

5.1. To increase visibility and facilitate engagement, the Profile service ("Profile") will be available to Users of the Platform from such date as determined by the Company and which may be a Paid Service made available to you by the Company. You may participate in Profile by selecting your desired profile page uniform resource locator ("URL") from the options presented by the Company to you through your registered email address. If you subscribe to Profile, you shall be allotted a URL by the Company, and your selection of a URL or continued participation in and use of the Services after automatic participation in Profile (as the case may be) shall constitute your consent to participate in Profile.

5.2. By creating in a Profile, you understand and agree that all or some (as determined by the Company) following aspects of your profile and User/candidate page on the Platform will be publicly accessible, visible and searchable, and you consent to such aspects and information about you to be publicly accessible, visible and searchable:

• Name, phone number, email ID
• Profile Image
• Followers
• Following
• Posts - comments and reactions
• Current Engagement
• Company
• Previous Engagement
• Location
• Career stage (eg: Restarter) description
• Profile Summary
• Milestones
• Work Experience
• Life Experience
• Skills
• Education
• Groups
• Awards & Recognition

6. Entities:

6.1. Subject to the terms contained herein and upon creation of your Account, you may be entitled to create your organisation’s profile on the Platform and submit job/ sessions listings for vacant job positions in your organisation, from time to time, at the designated place/zone provided on the Platform. Subject to the terms contained herein, HER Users can apply to your job listings through the Platform, and you can review such HER User’s candidacy for the relevant job listing. You agree to make available a detailed scope of the current requirements, including (without limitation) the job profile, number of vacancies, educational/professional qualifications, post qualification experience, location, remuneration, other specific skill sets and other details that form the criteria for shortlisting HER Users.

6.2. The Company may offer a paid Service, known as the "Package", which can be subscribed/purchased by interested Entities. Job listings of the Entities who subscribe for the Featured Jobs Package will enjoy increased visibility across the Platform and their job listings will be elevated to a prominent "featured jobs" status. This heightened exposure might increase the likelihood of attracting top-tier talent and qualified HER Users. Further, the Company may extend a personalized recommendation feature to the Entities who subscribe for the Package. Leveraging the Platform’s algorithms, potential leads who are registered Users of the Platform may be suggested to the relevant Entities based on an analysis of the User’s profiles and resumes in relation to the specific requirements outlined in the postings of the relevant Entities. Entities subscribing to the Package may also receive supplementary advantages, as expressly communicated at the time of their package purchase. These benefits could encompass enhanced analytics insights and tailored promotional opportunities.

6.3. The Company shall transmit the profiles of suitable or interested HER Users to you on the basis of your agreement with the Company.

6.4. You acknowledge and understand that by registering under this category of Entity, you may be able to view and access such information relating to the HER Users/Candidates as shared by the Company. Further, you acknowledge that you shall not have access to certain areas of the Platform or certain Services, as determined by the Company, at its sole and absolute discretion.

6.5. You acknowledge and agree that you will use any HER User’s/Candidate’s information or data disclosed to you by the Company or otherwise received by you on or through the Platform pursuant to you availing any relevant Services from the Company for recruitment/marketing purposes only and will not disseminate such information or data to any third party or use such information or data for any other purposes.

6.6. In relation to job postings, you shall not post jobs:

• a) that do not comply with applicable laws, including but not limited to laws relating to labour and employment;
• b) for competitors of the Company or post jobs or other content that contains links to any site competitive with the Company;
• c) that advertise sexual services or seek employees for jobs of a sexual nature;
• d) that request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
• e) that endorse a particular political party, political agenda, political position or issue;
• f) that promotes a particular religion; and
• g) that seek money, periodic payment in any form.

The aforementioned list under clause 6.6 only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable job postings. In the event of breach or non-compliance by you of any of the aforesaid terms contained in this clause 6.6, the Company may, in its sole and absolute discretion, restrict or terminate your ability to access your Account, the Platform and/or Services, and we reserve to take any other actions against you as we deem fit, at law or in equity, without prejudice to any right we have hereunder.

7.Additional Terms Applicable to Entities

7.1. You hereby grant the Company the right to list on the Platform, any employment opportunities in your organisation that may become available. Further, you grant the Company a royalty-free, fully paid, assignable, transferable and worldwide right and license, to be exercised at the Company’s sole and absolute discretion, to display and exploit your organisation’s corporate name, brand name and logo for provision of the relevant Services to you and in any and all marketing communications and advertising material published or distributed by the Company, including on the Platform and social media handles of the Company.

7.2. In certain instances, the Company might upload/display on the Platform any relevant publicly listed job listings that the Company believes to be of potential interest to HER Users. The Company shall make best efforts to notify the relevant Entity that such listing has been made available on the Platform. However, the Company agrees that it shall, in good faith, de-list or remove any job listing in the instance that any such Entity requests removal of such listing.

7.3. The Company reserves the right to remove, delete, suspend or disable your Account, profile or any of your job posting or content from the Platform, which in the Company’s discretion, does not comply with these Terms, or if the Company believes is not in the best interest of the Company, without any liability to you or any third party.

7.4. You hereby agree that you shall be the final authority in all decisions in respect of hiring processes, employment decisions and subsequent hiring of the HER Users and the Company shall not be involved in or be responsible for the hiring process, employment decisions, hiring of any HER User by you. We do not guarantee any specific recruitment outcomes or successful hires.

8. Background Verification

8.1. Users hereby agree and acknowledge that the Company does not validate or endorse and shall not be responsible in any way whatsoever for verifying the background of, completeness, authenticity, quality and/or accuracy of the information provided by (a) Entities, including without limitation, with respect to any and all details related to their job postings, such as job profile, remuneration details, organisation details and contact details; (b) Partners, including without limitation, any representations, promises, warranties made and/or study/Course material and content provided to the HER Users by a Partner and/or organisation details and contact details of the Partner, and (c) HER Users, Mentors and other Users, including with respect to the accuracy of the information on their profile and other communications.

8.2. Users hereby agree and acknowledge that the Company shall not be responsible in any way whatsoever for verifying the information provided by other Users and for conducting appropriate and any background checks/reference checks on any Users prior to the relevant User’s engagement/employment in an organisation or registering in/for the service provided by them, as the case may be.

8.3. You expressly acknowledge that any information shared by the Company with you with respect to any User and their profile/service/job posting, as the case may be, is made available to you strictly on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of such information. You shall be solely responsible for the verification of such information provided to you by the Company. Further, the Company shall not be responsible and shall not accept liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you due to your failure to verify such information or undertake any background or reference check.

9. Mentors

9.1. Certain industry experts, thought leaders and subject matter experts may have the opportunity to enrol or be empanelled as Mentors on the Platform. Please note that a User’s enrolment as a Mentor on the Platform is subject to the Company’s evaluation and selection process. The Company reserves the right to accept, decline or revoke Mentor enrollment at its discretion, without any cause and without any notice. Once a User’s enrolment as a Mentor is accepted on the Platform, such User can create a Mentor profile, showcasing, among other things, their expertise, experience, qualifications and areas of focus. Certain Users may be given an opportunity to follow a Mentor’s profile on the Platform.

9.2. You acknowledge and agree that your registration hereunder does not guarantee any opportunity being given to you to participate in any mentoring program/session that may be conducted for Users. You further agree that your registration as a Mentor on the Platform does not create any agency, legal representative, partnership, association of persons or other form of joint enterprise between you and the Company and that you shall not represent anything to the contrary to any third party.

9.3. At the Company’s sole discretion, you may also be allowed to submit blogs and certain other content and information on your profile as may be notified to you from time to time by the Company or at the time of your registration as a Mentor on the Platform. The Company may also share the profiles of suitable or interested HER Users to you if you are a featured Mentor. You acknowledge and understand that by registering as a Mentor, you may be able to view and access such information relating to the HER Users as may be shared by the Company and for such purposes as may be notified by the Company, but you will not be able to access the database of HER Users directly. Further, you acknowledge that you shall not have access to certain areas of the Platform or certain Services, as determined by the Company, at its sole and absolute discretion. You hereby grant the Company a royalty-free, fully paid, non-revocable, assignable, transferable, perpetual and worldwide right and license, to be exercised at the Company’s sole and absolute discretion, to display and exploit your name and image for provision of the relevant Services to you and in any and all marketing communications and advertising material published or distributed by the Company, including on the Platform and social media handles of the Company.

9.4. You expressly agree not to disparage or bring disrepute to the name and reputation of the Company, its services, and its directors, officers, employees and personnel. You understand that interactions between the Users and you are intended to be for educational and informational purposes only.

10. Partners

10.1. You acknowledge and agree that your registration on the Platform for offering any of your Course to the Users of the Platform hereunder does not guarantee the listing of your Courses and/or services on the Platform. You further agree that such registration does not create any agency, legal representative, partnership, association of persons or other form of joint enterprise between you and the Company and that you shall not represent anything to the contrary to any third party.

10.2. The listing of your Courses and/or services on the Platform are subject to: (a) their appropriateness for Platform Users and adherence to the course and listing criteria specified by the Company, as determined by the Company on the basis of its review of the background, materials and methodology of the proposed Courses and/or services; (b) these Terms, Additional Terms (if applicable) and Privacy Policy; (c) any other contract you may have with the Company with respect to offering your Courses on the Platform; and (d) all applicable law.

10.3. You agree that all facts and representations made by you in relation to your Courses and/or services are accurate and true to the best of your knowledge and that they are and shall be free from material errors, bugs or other defects, and do not and will not infringe any third party’s intellectual property rights, privacy rights or any other proprietary rights. You further agree that the listing of your Courses and/or your services on the Platform is not and shall not be construed as an endorsement, approval or certification of your Courses and/or services by the Company and that you shall not make any such representation, announcement or communication to any third parties in this regard.

10.4. You acknowledge and agree that you will use any HER User’s/Candidate’s (who is registered for your Course) information or data which is disclosed to you by the Company or otherwise received by you on or through the Platform pursuant to you availing any relevant Services from the Company for the provision of the Course to the relevant HER User/Candidate only and will not disseminate such information or data to any third party or use such information or data for any other purposes.

10.5. You expressly agree not to disparage or bring disrepute to the name and reputation of the Company, its services, and its directors, officers, employees and personnel.

11. Advertisers

11.1. You acknowledge and agree that the listing/promotion of any of your Advertisements to the Users of the Platform does not create any agency, legal representative, partnership, association of persons or other form of joint enterprise between you and the Company and that you shall not represent anything to the contrary to any third party.

11.2. The listing/promotion of your Advertisements on the Platform are subject to: (a) their appropriateness for Platform Users and adherence to the listing/promotion criteria and restrictions as determined by the Company; (b) these Terms, Additional Terms (if applicable) and Privacy Policy; (c) any other contract you may have with the Company with respect to listing/promoting your Advertisements on the Platform; and (d) all applicable law.

11.3. You agree that all facts and representations made by you in relation to your Advertisements are accurate and true to the best of your knowledge and that they do not and will not infringe any third party’s intellectual property rights, privacy rights or any other proprietary rights. You further agree that the listing/promotion of your Advertisements on the Platform is not and shall not be construed as an endorsement, approval or certification of your Advertisements by the Company and that you shall not make any such representation, announcement or communication to any third parties in this regard.

11.4. You acknowledge and agree that you will use any User’s information or data which is disclosed to you by the Company or otherwise received by you on or through the Platform for any purpose and in any manner except as otherwise agreed with the Company and in accordance with such instructions and restrictions as may be communicated by the Company and will not disseminate such information or data to any third party or use such information or data for any other purposes.

11.5. You expressly agree not to disparage or bring disrepute to the name and reputation of the Company, its services, and its directors, officers, employees and personnel.

12. Sessions and Events

12.1. To participate in an Event or a Session, you must register through the designated registration process provided on the Platform for the Event or Session respectively. Unless otherwise specified, participation in Events and Sessions are on a "free of cost" basis.

12.2. A User may be allowed to create and host a Session ("Session Creator") through the designated mechanism provided on the Platform. The acceptance of registration for an Event or a Session can be on a first-come, first-serve basis or invite-only basis or such other criteria as may be determined by the Session Creator (for the Session) and the Company (for the Events) or at the discretion of the Session Creator (for the Session) and the Company (for the Events).

12.3. Please note that Sessions are created, hosted and conducted by a User of the Platform and not the Company or any Company representative, and neither the Company nor any Company representative is a participant in any Session. Only the Session Creator has the authority to modify, cancel, or reschedule a Session and manage the discussion, moderate participants of the Session, and remove participants of the Session who violate the guidelines of a Session.

12.4. The Company reserves the right to modify, cancel, or reschedule an Event at any time and for any reason. In the event of modification, cancellation, or rescheduling of an Event, the Company will make reasonable efforts to notify registered participants of the Session about the same.

12.5. You acknowledge that participation and sharing of any information in any Session or Event is at your own risk, and the Company shall not be held liable for any direct or indirect damages or losses arising from your participation or non-participation thereof or sharing of any information therein. We shall not be liable to you if you miss/cannot attend any Session or Event for any reason whatsoever.

12.6. You understand and agree that we may record any Event at our sole discretion. You hereby provide your consent out of your own free will with respect to recording any Event in which you are a participant.

12.7. You confirm and agree that, in addition to complying with code of conduct provided under these Terms specifically and that may be notified to you at the time you register for or participate in a Session or an Event, you will abide by the following code of conduct when you participate in any Session or Event:

• a) you agree to conduct yourself in a respectful and professional manner during the entire Session or Event in which you are a participant;
• b) you are prohibited from engaging in activities or acting in a manner that is abusive (physically or sexually), gender biased, defamatory, obscene, libellous, blasphemous, invasive, vulgar, derogatory, demeaning, hateful, racially or ethnically objectionable, capable of stirring communal discontent/disharmony, contrary to public policy or public morality, or is lascivious or appeals to the prurient interest;
• c) you shall be respectful to, other participants of the Session or Event in which you participate, and individuals conducting such Session or Event, and not indulge or engage in fights with them;
• d) you shall avoid all situations that might discomfort or annoy other participants of the Sessions or Events or individuals conducting such Sessions or Events;
• e) you are prohibited from smoking or drinking during any Session or Event in which you participate or attending any Session or Event in which you participate under the influence of any drugs; and
• f) you are strictly prohibited from taking photographs of any Session or Event, or recording, streaming, broadcasting, downloading, uploading, publishing, circulating, distributing, transmitting, sharing, displaying or making available to the public any Session or Event or part thereof or any content or information provided during the Session or Event, in any manner whatsoever.

13. Groups

13.1. Each Group listed on the Platform will have a unique and shareable URL. As a member of a Group and depending upon the nature of the Group, you may be allowed to connect, follow and interact with: (a) other Users who are a member of that Group; or (b) only certain Users who are a member of that Group; or (c) only the Group admin (i.e., the creator and/or the manager of the Group). Based on the nature of the Group and the purpose for which it is created, you may be entitled to be a Group admin. A User’s membership to a Group is subject to approval by the Group admin and/or the Company, as may be determined by the Company, and which approval may be granted or rejected at the Group admin’s and/or the Company’s sole discretion.

13.2. If you are a member or admin of a Group and depending upon the nature of the Group, you may be entitled to participate in the Group by posting questions, commenting, following or replying to queries posted by other Users, upvoting/downvoting answers, and participate in such other activities as a particular Group may entitle you to or as may be notified to you when you become a member of a Group. You are responsible for any User Content you post and any consequences or liabilities that flow from or arise out of such posting(s) of User Content

13.3. You acknowledge and understand that the Group admin and/or the Company, as may be determined by the Company, will be able to create, manage, moderate, deactivate, remove and delete any Group, at their sole and absolute discretion, without any prior notice to you. You also acknowledge that the Group admin and/or the Company, as may be determined by the Company, will be able to add/delete members to/from the Group and moderate the content posted on a Group including but not limited to questions, comments, conversations and any other User Content. You acknowledge that the Company may, with notice to the Group admin, deactivate, remove or delete a Group and all the User Content posted within the Group.

13.4. You expressly agree that the Company will not be liable for any errors or omissions in any content or information posted on any Group or for any loss or damages incurred as a result of the use of any content or information contained in any Group. The Company does not guarantee that the use of or access to any Group by you will be uninterrupted, error free and/or free from any third party interference.

13.5. The Company makes no guarantee and does not give warranty of any kind whatsoever (whether express or implied) in relation to your access to, membership of, or use of any Group or any use of any Group by any third parties. The Company shall not be liable for any loss or damage (whether direct, indirect, consequential, financial or otherwise) arising from or in connection with your access to, membership of, or use of, any Group.

14. Platform Content

14.1. The Company authorises you, subject to these Terms, to view and access certain Platform Content (as defined herein) available on or from the Platform and to access and use the Platform and the Platform Content solely for your personal and non-commercial use, for the sole purposes of enabling you to access the Platform or avail the Services. This license is limited, non-sublicensable, non-transferable, non-exclusive and revocable at any time without notice and with or without cause. The contents and materials of the Company appearing on the Platform, and of all other websites and platforms under the Company’s control, whether partial or otherwise, such as designs, text, graphics, images, video, audio, information, material, logos, button icons, software, code interface, web pages, website structure, audio files, Event recording information or content shared or provided during the course of providing the Services and other Platform content of the Company (collectively, "Platform Content"), are protected under applicable copyright, trademark and other laws. Unless otherwise indicated, all Platform Content is the intellectual property of the Company or its licensors. The compilation (meaning the collection, arrangement and assembly) of all Platform Content is the exclusive property of the Company and is protected by Indian and international copyright, trademark, and other laws. Unauthorised use of the Platform Content will violate these Terms and may violate applicable laws and/or applicable regulations and statutes, and is strictly prohibited. You may not sell or modify the Platform Content or reproduce, display, publicly perform, distribute, or otherwise use the Platform Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers or that otherwise infringes the Company’s intellectual property rights. Any use of the Platform Content for which or pursuant to which you receive or intend to receive any remuneration, whether monetary or otherwise, is a commercial use for the purposes of this clause.

14.2. Unauthorized copying, use, reproduction, distribution, modification, alteration, dissemination, reposting, hyper-linking, deep-linking, framing, mirroring, downloading or any other use of the Platform Content in any manner whatsoever, without the prior written authorization of the Company, is strictly prohibited and subject to strict legal action in case of a violation by any User.

14.3. Third party intellectual property rights may appear on the Platform and all rights therein are reserved to the owners of those intellectual property rights. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property.

15. User Content and Third Party Content

15.1. You are solely responsible for (and the Company has no responsibility to you or to any third party for) any Account information, notes, images, messages, statements, Posts, profile, e-mails, links to third party websites or content, postings on forums, feeds, discussion groups, Groups or journals, photos, drawings, profiles, opinions, ideas, advice, recommendation, videos, audio files, or other materials or information created, posted, submitted or transmitted by you on or to the Platform, to other Users, or while availing any Services (collectively, "User Content" ). By posting User Content to the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof, consistent with the Privacy Policy and these Terms as mentioned herein and Additional Terms (if applicable), and you are not entitled to any payment or other compensation for such use.

15.2. The Platform may contain, or during the course of or with respect to availing any Services you may receive, content, statements, advice, recommendation, articles, blogs, testimonials or opinions provided by third parties, including without limitation content provided by Partners or other Users of the Platform and/or Services ("Third Party Content"). The responsibility for such Third Party Content is solely that of the respective authors/contributors/posters, should not necessarily be relied upon and is not necessarily endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for any Third Party Content or for any loss or damage resulting from your reliance on any Third Party Content. Further, the accuracy, integrity, reliability, completeness, trueness or usefulness of any Third Party Content has not been verified by the Company and we provide no warranties of the same. If you seek to rely on any Third Party Content, any such reliance shall be at your own risk.

16. User Representations and Warranties

16.1. You hereby represent, warrant and covenant that you will fulfil all your obligations under these Terms, the Privacy Policy and Additional Terms (if applicable) in good faith.

16.2. You hereby represent and warrant to the Company that as a User, you have all necessary rights in and to all information, documents and materials you provide/share on the Platform and/or pursuant to availing any Services, and you will not provide or share any personal information (including without limitation photographs, age, educational or professional qualifications, and remuneration) or other information on the Platform or while availing any Services that is not your own or will violate, plagiarize, or infringe upon the rights of any third party. You represent and warrant that you shall not falsely state or otherwise misrepresent your identity, age, affiliation with any person or entity or any other information provided by you. The user account of any HER User/Candidate found to be creating an account or providing information in proxy or in violation of the privacy rights of any other individual will be liable to be immediately terminated, and the Company reserves the right to notify relevant authorities, companies or individuals about such person’s actions, or take any other action it deems necessary..

16.3. You represent and warrant that the information provided by you in respect of your Account, on the Platform, or while availing any Services is true, accurate and capable of substantiation on the basis of documents, references and other material, and is not misleading or the product of any fraudulent conduct.

16.4. You further represent and warrant that, to the extent you decide to share your personal or other information in respect of your Account, on the Platform, or while availing any Services, you will not post or submit incomplete, false or inaccurate personal or other information.

16.5. You further warrant and undertake that you shall not engage in any unlawful conduct, whether online or offline, in your association with the Company, the Platform or any other Users (including, without limitation, HER Users, Mentors, Partners, Advertisers and Entities) of the Platform and shall abide by the rules of conduct specified in clause 18 (Acceptable and Lawful Use) below.

17. Feedback and Testimonials

17.1 If you provide any feedback, suggestions, ideas, comments or recommendations ("Feedback") to us relating to the Platform and/or the Services, including without limitation, concerning the features, functionality, performance of the Platform (including identifying potential errors and improvements), you agree to, assign to us all rights, title, and interest in and to the Feedback, on a royalty-free, non-revocable, assignable, transferable, exclusive and worldwide basis. We shall be free to use, copy, modify, disclose, license, transfer, assign, distribute and exploit the Feedback without payment or restriction in any manner whatsoever, without requiring any further consent from you and without any obligation towards you.

17.2. If you provide any testimonial(s) to us regarding your use of/experience with the Platform and/or Services, you agree to, assign to us all rights, title, and interest in and to such testimonial(s), on a royalty-free, non-revocable, assignable, transferable, exclusive and worldwide basis. We shall be free to use, copy, modify, disclose, license, transfer, assign, distribute and exploit such testimonial(s) along with your name, place of residence and/or photograph, including without limitation, for advertisements or promotions that we may display on the Platform or any other marketing channel (including any digital, television, print or publication channel), without payment or restriction in any manner whatsoever, without requiring any further consent from you and without any obligation towards you.

17.3. You agree that we may use your testimonial with or without your name or with a fictitious name, and may make reasonable edits or alterations to your testimonial, provided that the meaning of your comments and statements is not substantially changed. You hereby release and agree to hold harmless the Company, its agents, employees and assigns, and anyone authorized by any of them, from any and all claims, rights, demands, damages, actions or liability which you, your heirs, executors, administrators, successors or assigns, may have in connection with the use of the testimonial provided by you or the resulting advertising. You understand that we have no obligation to use your testimonial and may elect to use or not to use your testimonial (or any derivative work created from your testimonial) in our sole discretion.

18. Acceptable and Lawful Use

18.1. We specifically prohibit any unauthorised commercial use or other unauthorised use of the Platform, Account and the Services, and you expressly acknowledge and agree that in order to ensure your acceptable and lawful use of the Platform, Account and/or the Services you will comply with the following rules of conduct, in addition to other conditions and restrictions specified in these Terms, Privacy Policy and Additional Terms (if any):

a) You shall not, post, display, upload, publish, share, modify, update or transmit any User Content or any other information or, engage in interactions on the Platform (even if made in a joking, sarcastic or unintended manner) or, use your Account, the Platform or the Services, if it in any way:

i. is misleading, violative of applicable law or is patently or remotely offensive to the general community, such as sexually explicit or obscene or vulgar or abusive content, blasphemous content, racially or ethnically objectionable content, libellous content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical or mental harm of any kind against any group or individual, or content that is gender biased, defamatory, invasive, derogatory, demeaning, hateful, capable of stirring communal discontent/disharmony, contrary to public policy or public morality, lascivious or appeals to the prurient interest;

ii. harasses or advocates harassment of another person, or solicits, or stalks any third party or any other User of the Platform or the Services;

iii. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

iv. infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy or publicity, such as unauthorized disclosure of a person’s name, email address, physical address or phone number, or rights of publicity);

v. promotes an illegal or unauthorized copy of another person’s copyrighted work;

vi. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

vii. provides instructional information about illegal activities such as making or buying illegal drugs, money laundering, gambling, violating someone’s privacy, or providing or creating computer viruses;

viii. contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have obtained consent from the minor or his or her legal guardian);

ix. tries to gain unauthorised access to the Platform or any Services or exceeds the scope of authorized access to the Platform or the Services as per your Account category, or to profiles, journals, forums, feeds, groups, account information, bulletins or other areas of the Platform or solicits passwords or personal information for commercial or unlawful purposes from other Users;

x. constitutes engagement in commercial activities, marketing and sales without the Company’s prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes. Throughout these Terms, the term Company’s "prior written consent" means a communication coming from the Company’s legal department or a Company’s authorised representative, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

xi. contains viruses, time bombs, trojan horses, cancelbots, spiders, worms or other harmful or deleterious components or devices or programmes, including those designed to interrupt, destroy or limit the functionality of the Platform and/or any Services;

xii. interferes with another User’s use and enjoyment of the Platform;

xiii. refers to any website, platform or URL that, in the sole discretion of the Company, contains material that is inappropriate for the Platform, contains content that would be prohibited on the Platform, or violates the letter or spirit of these Terms;

xiv. contains content whose dissemination to the public is restricted by law or relevant professional guidelines;

xv. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;

xvi. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

xvii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; or

xviii. provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, or provides or creates computer viruses or pirating any media.

b) Further, you agree not to do any of the following which shall also constitute misuse of the Platform and the Services:

i. post content that contains links or references to any platform or entity who is or is likely to be a competitor of the Company;

ii. use Company’s database of Users for any purpose other than the purposes for which the Services are sought, including but not limited to using the information in the database to sell or promote any products or services, or engage in data mining;

iii. use the Platform to collect, or attempt to collect, personal information about any User without their knowledge or consent, or to engage in "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of Users or other data;

iv. post or submit to the Platform any incomplete, false or inaccurate biographical information or information which is not your own, or submit any false or inaccurate information in relation to your qualifications, or services and facilities offered;

v. delete or revise any material or content posted by any other person or entity;

vi. impose an unreasonable or disproportionately large load on the Platform’s infrastructure or cause the operation of the Platform or any part thereof to be jeopardised or impaired;

vii. notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform and search agents available from the Company on the Platform and other than generally available third party web browsers (e.g., Google Chrome, Microsoft Internet Explorer, Firefox, Safari);

viii. attempt to decipher, decompile, disassemble, derive the source code of, or reverse engineer any of the software comprising or in any way making up a part of the Platform or the Services or create derivative works of any application, software or component of the Platform or any part thereof, or tamper or remove any copyright, trademark or watermark from any materials, content (including, Platform Content) or documents provided/generated on the Platform

ix. create applications, extensions, or other products and services that use any Platform’s content without our permission;

x. obtain any materials or information through any means not intentionally made available or provided for through the Services;

xi. access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you;

xii. access, or attempt to access, the accounts of other Users of the Platform or penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;

xiii. make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company, or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks or trade name, as may be owned or used by us;

xiv. post any resume or apply for any job on behalf of another party;

xv. defer any contact from an Entity, Partner or Mentor to any agent, agency, or other third party;

xvi. make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to any User or to contact any User unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or

xvii. aggregate, copy or duplicate in any manner any of the content or information available on the Platform, other than as permitted by these Terms.

c) You must use the Platform and the Services in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorised uses of the Platform, including without limitation, collecting usernames, contact details and/or email addresses of other Users by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Platform, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Platform, as well as attempting to gain unauthorized access to the Platform or exceeding the authorised access for your Account category.

d) You shall not engage in any illegal or unethical conduct in respect of your interaction with other Users of the Platform, including any HER Users or Entities or Partner or Advertisers or Mentors you may come in contact with, whether such interaction is online or offline.

e) Your interaction and dealings with other Users of the Platform that you may come in contact with is at your sole and absolute discretion and is at your own risk. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, or people acting under false pretences. Further, any offline interaction in response to any correspondence or dealings with other Users, or any information available on the Platform, is at your own risk. The Company shall in no manner be held responsible for the outcomes and consequences of any such interaction. The Company is not responsible for the conduct, whether online or offline, of any User of the Platform, including without limitation any illegal acts (such as harassment in any form or discrimination of any sort) or omissions (such as, without limitation, failure on the part of the HER User/Candidate to appear on the appointed date and time for the interview or to competently undertake any task or engagement or failure or delay by a Partner to provide the Course to a User who has registered/enrolled for such Course) committed by any User of the Platform.

f) Without the prior written consent of the Company, you may not engage in advertising to, or solicitation of, other Users through the Platform to buy or sell any products or services. In general, in order to protect Users from such advertising or solicitation, the Company reserves the right, to be exercised at its sole and absolute discretion, delete any User Content uploaded, posted or transmitted in any way on the Platform, that engages in such advertising or solicitation.

g) You understand that the Company has the right at all times to disclose any information provided by Users (including the identity of the persons providing information or materials on the Platform and using the Services) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, the Company can (and you hereby expressly authorize it to) disclose any information about you, upon request, to law enforcement agencies or other government officials, as necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

h) The Company reserves the right, but has no obligation, to review and monitor the materials/content/ information posted in the public areas of the Platform, including but not limited to any public forums, Groups, feeds or journals. The Company shall have the right to remove, moderate or edit any User Content, that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms, Privacy Policy or Additional Terms (if applicable). Nonetheless, you hereby acknowledge and agree that YOU REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT OR OTHER MATERIALS YOU POST OR SHARE ON THE PLATFORM, INCLUDING IN THE PUBLIC AREAS OF THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that User Content posted in public areas of the Platform do not necessarily reflect the views of the Company. In no event shall the Company assume or have any responsibility or liability for any Platform Content and/or User Content posted or for any claims, damages or losses resulting from use of such Platform Content/User Content and/or appearance of Platform Content/User Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all User Content you provide or share on the Platform and all information it contains and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

i) It is possible, that other persons (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to their use of the Platform, and that the recipient may use such information to harass or injure you. The Company does not approve of such unauthorized uses, but by using the Platform and/or the Services, you acknowledge and agree that the Company is not responsible for the use of any personal information or other information that you publicly disclose or share with others on the Platform. You are advised to carefully select the type, nature and extent of information that you wish to publicly disclose or share with others on the Platform.

j) You acknowledge, agree and understand that in the event that you wish to deactivate, suspend or delete your Account from the Platform or de-register from a Service, the information posted or submitted by you on the Platform, may be stored in our systems for auditing and legal compliance purposes, or for the purpose of any research or otherwise as stated in the Privacy Policy, provided that no sensitive personal information of yours that you share with us will be publicly disclosed except in accordance with these Terms and the terms of the Privacy Policy.

k) The aforementioned list under clause 18.1 only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of your Account, the Platform or the Services. In the event of breach or non-compliance by you of any of the aforesaid terms contained in this clause 18, the Company may, in its sole and absolute discretion, restrict or terminate your ability to access your Account, the Platform and/or Services, and we reserve to take any other actions against you as we deem fit, at law or in equity, without prejudice to any right we have hereunder. The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content in advance or screen or monitor User Content posted by Users on the Platform. However, the Company may (at its sole option), without prejudice to its rights hereunder or under law, remove or request the removal of any User Content or materials that, in its sole and absolute judgment, violates these Terms, Privacy Policy, Additional Terms (if applicable) or applicable law. The Company has no liability or responsibility to Users for performance or non-performance of such activities.

19. Communication

19.1. When you visit the Platform, you are communicating with us electronically. We may communicate with you by/using e-mail, SMS, internet-based messaging applications like WhatsApp, phone call or by posting notices on the Platform or by any other lawful mode of communication, in respect of any Services, in respect of queries posed by you, in respect of any customer support requested by you, or for other purposes set out in these Terms of Service, the Privacy Policy or Additional Terms (if applicable). You hereby unconditionally consent that such communication by us is:

a) upon your request and authorization;

b) ‘transactional’ and not an ’unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and

c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

19.2. You hereby agree and assure that while communicating on the Platform or otherwise with any Company Representative(s) (as defined herein), you shall not use abusive and derogatory language and/or post any objectionable information/content that is unlawful, threatening, defamatory, or obscene. In the event you use abusive language and/or post objectionable information/content, we have the right to suspend your access to and usage of any support service and/or block your access to and usage of the Platform or Services, at any time with or without any notice, without prejudice to our rights under law.

19.3. If you create an Account and provide us with your contact information (including your phone number and/or e-mail address), we may contact you to provide you with information and updates about the Platform and/or Services. We also use such contact information to send out information of occasional promotional materials and new services available and for such purposes as provided in these Terms of Service, the Privacy Policy or Additional Terms (if applicable).

19.4. You shall indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as defined under the TRAI regulations) or any other applicable authority due to any erroneous complaint raised by you against us with respect to the communications mentioned above or due to an incorrect contact number or email address being provided by you for any reason whatsoever.

20. Warranty and Liability Disclaimer

20.1. The Company is constantly endeavouring to improve the quality of Services provided to you. Due to this, the form and nature of Services provided may change from time to time without any prior notice to you. The Company reserves the right to introduce and initiate new features, functionalities, components to the Platform or the Services and/or change, alter, modify, merge, suspend, discontinue, terminate or remove (as the case may be), either permanently or temporarily, the Platform, the contents thereof, or one or more of the Services provided, either wholly or in part, at any point in time, at our sole discretion, without any prior notice to you. The Company may also prescribe certain limits on the use of the Platform and/or Services or storage of or access to User Content at its sole discretion without any prior notice to you and without any liability to you or any third party, while at all times complying with the Privacy Policy with respect to limiting User Content. In consideration for the Company granting you access to and use of the Platform and Services, you agree that the Company and its third party providers and partners may place such advertising on the Services or the Platform or in connection with the display of Platform Content or information from the Services, whether submitted by them or others.

20.2. The Platform, the Platform Content, all the materials and Services, included on or otherwise made available to you through the Platform is provided by the Company on an "as is" and "as available" basis without any representations or warranties, express or implied, except otherwise specified in writing. You assume sole responsibility and entire risk as to the suitability of the Services and results, including for any decisions made or actions taken based thereon. Without prejudice to the foregoing paragraph, the Company does not represent or warrant that:

a) the Platform, Services, Platform Content or User Content will be constantly available, or available at all;

b) the Platform, Services or Platform Content will meet your specific requirements or expectations or achieve any intended results;

c) your access to or use of the Platform, Services, Platform Content will be uninterrupted, timely, secure, or free from error, or that any defects or errors in the Platform, Services or Platform Content will be corrected;

d) the Platform, Services, User Content or Platform Content may be lawfully viewed or accessed outside of India; or

e) any content or information (including, Platform Content and User Content) on the Platform is complete, true, accurate or not misleading.

20.3. The Company, to the fullest extent permitted by law, disclaims all warranties, with respect to the Platform, Services and Platform Content, whether express or implied, including the warranty of merchantability, usefulness, fitness for particular purpose, of satisfactory quality, of quiet enjoyment, of title and non-infringement of third party rights. The Company does not necessarily endorse any User Content or opinions expressed or communications posted by Users. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Platform, Platform Content, User Content, Services, software, text, graphics and links.

20.4. You recognise and acknowledge that the Company is providing the Platform and Services as an intermediary, and the Company shall not be liable or responsible (directly or indirectly) for any User Content posted or shared on the Platform and the acts or omissions of any User, including without limitation any HER Users, Partners, Advertisers, Mentors or Entities.

20.5. The Company does not warrant that the Platform; any information contained on the Platform, Platform Content, materials, User Content or Services included on or otherwise made available to you through the Platform; Platform’s servers; or electronic communication sent from or by or on behalf of the Company are free of viruses or other harmful components. Nothing on the Platform constitutes, or is meant to constitute, advice of any kind.

20.6. Since User authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. We do not make any representations or warranties regarding the efficiency, creditworthiness, title, reputation or reliability of any User, including any HER User/Candidate, Partner, Advertiser, Entity or Mentor. Any communication and provision or acceptance of any commitment, offer or agreement between a HER User/Candidate and an Entity or a HER User/Candidate and Partner or a HER User/Candidate and Advertiser is solely between such HER User/Candidate and Entity/Partner/ Advertiser, and the Company shall not be liable or responsible (directly or indirectly) for any loss, claim or damage arising out or in relation to any such communication or any breach or non-fulfilment of any commitment, offer or agreement between the HER User/Candidate and Entity/Partner/ Advertiser. Since we do not and cannot be involved in User-to-User dealings and are not involved in the actual communications between Users, in the event that you have a dispute with one or more Users, you release the Company from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law. Further, you acknowledge that we are not responsible or liable for any loss or damage suffered by you as a result of any errors, omissions, negligence, misrepresentation or any other acts of any other User.

20.7. We shall not be liable for any failure or delay to perform any obligations under these Terms, Privacy Policy or Additional Terms (if applicable), if the performance is prevented, hindered or delayed by a Force Majeure Event (as defined herein). A "Force Majeure Event" shall mean a circumstance or an event beyond our reasonable control, rendering impossible, illegal or impractical the performance by us of our obligations under these Terms, Privacy Policy or Additional Terms (if applicable), including, without limitation, fire, flood, explosion, sabotage, accident, acts of God, civil commotion, epidemic, pandemic, religious strife, strikes or industrial action of any kind, riots, insurrection, war, acts of terrorism, unavailability of any communication system, technical or software failure, electrical outages, internet failures or malfunction, hacking of the Platform, acts, restrictions, regulations, contractual limitations, orders, decisions or measures of any kind on the part of any governmental authority or judicial authority.

20.8. No oral or written information, recommendation or advice given by any employee, consultant, representative, agent or service provider of the Company ("Company Representative(s)")during the course of or in relation to the provision of the Services including any communication that you may have with any Company Representative(s) on/through the Platform (Company Representative(s) Communication"), shall create a warranty on the Company. If you seek to rely on any Company Representative(s) Communication, any such reliance shall be at your own risk. Unless we otherwise agree, we shall not be responsible for or be liable in any manner whatsoever for any Company Representative(s) Communication or for any loss or damage resulting from your reliance on Company Representative(s) Communication.

20.9. The Company encourages you to keep a back-up copy of any of your User Content. To the extent permitted by law, in no event shall the Company be liable for the deletion, loss, or unauthorized modification of any User Content.

20.10. The Company does not provide or make any representation or warranty as to the quality or nature of any of the third party products or services purchased/availed through the Platform.

21. Accuracy of Information

21.1. The general information on the Platform has been compiled by the Company or contributed by other Users of the Platform, from various sources including from external sources. No representation is made or warranty given as to the completeness, reliability, timeliness or accuracy of such information. The use of/reliance on the Platform, the Services, Platform Content and User Content is at your own risk and that you are using your best and prudent judgment before using/relying on the Platform, any Services, Platform Content, User Content or entering into any transactions on/through the Platform, and we shall not be held liable to you or any third party in relation to the aforesaid. The Company reserves the right to make changes to the Platform Content, User Content and information on the Platform, or to the Services described therein, or to update any of the aforesaid at any time without notice, but the Company makes no commitment to correct or update the same.

21.2. You acknowledge that the Platform and certain advertisements/Advertisements hosted on the Platform, as well as the Platform Content and User Content, may contain links, content, materials, offerings or resources provided by Advertisers/third parties or links to Advertisers’/third party websites/platforms, content, materials, offerings or resources. Any website, platform, information, content, materials, resources or services accessed by or as a result of following such Advertisers’/third party links/website/platform is at your sole risk and is subject to the policies and regulations adopted by the relevant Advertiser/third party. The content, offerings, services, resources or materials viewed/accessed/availed on or from any Advertiser’s/third party links/ website/platform is not endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the content, materials, offerings, services or resources provided by such Advertiser/third party links/websites/platforms or with respect to your interaction with any Advertiser/third party links/website/platform or with respect to any loss or damage which may be incurred by you as a result of the non-availability of or interaction with such Advertiser/third party links/websites/platforms, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, services, offering, information, content or other materials on or available from, such Advertiser/third party links/websites/platforms and your interaction with any such Advertiser/third party links/websites/ platforms is at your own risk. Further, the accuracy of the content/offerings/ services/ resources/materials provided through any Advertiser/third party links/websites/platforms has not been verified by the Company and the Company provides no representations or warranties with respect to the same. Any information collected on websites/platforms visited through such Advertiser/third party links is subject to the privacy policies of such Advertiser/third party websites/platform and the Company shall not be responsible for any use of such information by Advertiser/third parties.

22. No Academic Benefit

22.1. You understand that except where expressly stated, participation in and/or completion of any Course does not confer any academic benefit on/to any HER User/Candidate, either in the form of a recognised diploma and/or degree and/or any other academic qualification from a recognised university or institution or otherwise. Even where a Course is awarded by a recognised institution/university/course provider, no presumption shall be made that any other institution/university/course provider will give accreditation to or recognise the validity of such Course. It is the responsibility of HER Users to independently verify whether a Course holds any specific recognition or accreditation status within other educational institutions/universities. You agree not to represent to have completed a Course unless you have obtained the appropriate certification for the completion of the Course from us or the Partner responsible for the Course, as the case may be. We shall not be liable in any manner whatsoever if you fail to complete a Course. Nor shall we be liable to refund any Services Fee paid by you for any paid Course conducted by us and in which you enrol, if you fail to complete the Course. It is your sole responsibility to assess whether you meet the prerequisites required to enroll for a Course. Further, the successful completion of a Course is subject to your adherence to the specific terms and conditions and criteria associated with the respective Course. This may include requirements such as attendance, completion of assignments, quizzes, or other assessments, as outlined for the specific Course. The Company, its affiliates and their respective officers, partners, directors, owners, agents, employees, consultants, representatives, service providers, licensors, licensees and clients have no obligation to carry out any due diligence on any Course or ensure that a Course is recognized by any academic or educational institution, university or accreditation organization. Nothing contained in these Terms, or any other terms associated with any Course:

(a) enrolls or registers you in any educational institution/university, or in any service/course offered by any educational institution/university/course provider/Partner, except where expressly so stated and except the Course that you have enrolled in; or

(b) entitles you to access or use the resources of any Partner providing the Course beyond the scope of the Course and participation in the Course, i.e., your access to the resources of the Partner providing the Course is limited to the extent necessary for participation in the specific Course you have enrolled in and as provided by the relevant Partner, and does not extend to general access to all resources provided by relevant Partner.

23. Indemnification and Limitation of Liability

23.1. You hereby agree to indemnify, defend and hold harmless the Company, its affiliates and their respective officers, partners, directors, owners, agents, employees, consultants, representatives, service providers, clients, licensors and licensees (collectively, the "Indemnified Parties" ) from and against any and all losses, liabilities, claims, damages, demands, expenses and costs, including, without limitation, reasonable attorneys’ fees, asserted against or incurred by the Indemnified Parties, directly or indirectly, in whole or in part, in connection with any claim arising out or resulting from or may be payable by virtue of: (a) any breach by you of these Terms, the Privacy Policy or Additional Terms (if applicable); (b) your use or misuse of the Account, Platform or the Services; (c) any default, breach or non-performance by you of any representations, warranties, undertakings or covenants; (d) your conduct or interaction with any other User of the Platform, whether online or offline; (e) any act, error, fraud, negligence, misrepresentation or wilful misconduct by you, or any person or entity for whose acts you may be liable; (f) any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform or the Services; or (g) your posting or dissemination of any User Content. The Company reserves the right to assume the exclusive defense and control of any matter, claims or actions and all negotiations for its settlement or compromise subject to indemnification by you. You shall fully cooperate with us and as required by us in the defense of any such claim.

23.2. In no event shall the Indemnified Parties be liable to you or any third party for any loss or damage of any kind, whether direct, special, incidental, indirect, consequential or punitive damages whatsoever, including, without limitation, damages for loss of profits, income or revenues, lost employment opportunities, loss of goodwill, loss of anticipated savings, loss or corruption of data, business interruption, economic losses, or any other damages or losses, arising out of or in connection with your use of or access to the Platform, Platform Content or the Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such losses or damages, or we should reasonably have been aware of such possibility. The limitations and exclusions in this clause apply to the maximum extent permitted by applicable laws.

23.3. If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of the Indemnified Parties shall be the minimum permitted under applicable law.

24. Termination

24.1. The Company retains the right to deny access to the Platform and/or the Services to anyone who it believes has violated or is reasonably likely to violate any of these Terms or does not accept these Terms. In the event that you choose to terminate and delete your Account, or if your Account has been terminated for any other reason, such as a violation of these Terms or Privacy Policy or otherwise, you acknowledge and understand that the Company reserves the right to, at its sole discretion but subject to the terms contained herein, either continue to display, or delete, any User Content that you may have posted or uploaded to the Platform, and subject to the terms contained herein, the Company has no obligation to maintain, store, delete or transfer to you, any such User Content that you may have posted or uploaded to the Platform.

25. Infringement of Copyright

25.1. In good faith, if you have reason to believe that any work over which you hold copyright has been reproduced, embedded, or linked on the Platform without any authorization and is accessible on the Platform, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to:queries@herkey.com.

a) A clear identification of the copyrighted work allegedly infringed;

b) A clear identification of the allegedly infringing material on the Platform (with specific URL reference if available and the photo/screenshot of such allegedly infringing material);

c) Your contact details: name, address, e-mail address and phone number;

d) A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorised by the law;

e) A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorised to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and

f) Your signature or a signature of your authorised agent.

26. Abuse Notification

26.1. If you come across any abuse or violation of these Terms or if you believe in good faith that any Platform Content or User Content posted, shared or otherwise made accessible on the Platform, or any online or offline conduct of or interaction with any HER User/Candidate, Entity, Partner, Advertiser, Mentor, User, during or in relation to the provision of the Services or otherwise, violates these Terms, Privacy Policy or Additional Terms (if applicable), or is prohibited or restricted by applicable laws, rules and regulations, or is abusive or threatens or harms other Users of the Platform, you may notify us of the same at info@herkey.com/admin@herkey.com. In such an event, we may contact you for any further information that we may require from you in relation thereto and we reserve the right to determine, at our sole discretion, whether such Platform Content, User Content, or User conduct violates these Terms, Privacy Policy or Additional Terms (if applicable), or is otherwise abusive/threatening/harmful to other Users of the Platform, and may take such action we deem appropriate. If you resort to any malafide use of such notification, the Company reserves the right to restrict or refuse your access to your Account, the Platform and/or the Services, at its sole discretion, without any prior notice to you and without any liability to you or any third party.

27. Applicable Law and Jurisdiction

27.1 These Terms shall be governed by the laws of the Republic of India and the courts of Bengaluru, India shall retain exclusive jurisdiction to entertain any disputes arising out of the same. As such, the laws of the Republic of India shall govern the disclaimer, any legal notices that may be issued, and any disputes that may arise between the Company and one or more Users.

28. Privacy

28.1. We respect your privacy. Personal information and sensitive personal information that we collect from Users is stored in a secure database. However, please note that no data transmission over the Internet, or method of electronic/data storage, is 100% secure and no security system is impenetrable. The Privacy Policy explains the nature and type of data, personal information and sensitive personal information we collect from Users, the usage, processing, treatment, storage, maintenance, transfer, sharing and disclosure of such data and information, and the safety and security measures adopted by us to safeguard such data and information. We may collect, store and process any personal information and sensitive personal information of Users pursuant to these Terms, Privacy Policy and Additional Terms (if applicable). Any personal information and sensitive personal information submitted by you in relation to your use of the Platform or any Services, will be governed by the Privacy Policy. By accepting these Terms, you agree that we can use, process, treat, store, maintain, transfer, share and disclose your data, personal information and sensitive personal information in accordance with the Privacy Policy.

29. Assignment

29.1. You may not sublicense, assign or transfer any of your rights or obligations under these Terms, in whole or in part, to any third party, without the prior written consent of the Company. Any purported sublicense, assignment or transfer of the rights or obligations by you hereunder shall be null and void and of no legal effect. The Company may sublicense, assign or transfer its rights or obligations in whole or in part to its affiliate or a third party without any prior consent from you.

30. Severability

30.1. If any court of law, having the jurisdiction to decide over a matter relating to these Terms, rules that any provision of these Terms is invalid, illegal or unenforceable in any respect, then that provision will be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws, and such invalidity, illegality or unenforceability shall not affect the rest of the provisions of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

31. Queries and Grievance Redressal

31.1. If you have any queries or suggestions with respect to the Platform and/or any Services provided on the Platform, please contact us by using any of the options provided to contact us on the ’Contact Us’ page available on the Platform.

31.2. If you wish to report a grievance/complaint regarding the Platform and/or any Services provided therein and/or any User Content, please report the same to admin@herkey.com.
Please provide us with a detailed description of your grievance, and we will endeavour to redress your grievances within such timeframe as stipulated under applicable laws.