Terms and Conditions of Membership, Access, Subscription, Rules & Regulations
Welcome to Startups Club!
These terms and conditions outline the rules and regulations for the use of Startups Club’s Website (http://www.startupsclub.com) known henceforth also as “website” or “We” or “us” or another nomenclature in any language which has the above meaning, their successors or partner sites, the content of the site –past, present & future, site features, access & security controls, methods of use, access etc., & any other matter connected directly or indirectly with the aforesaid mentioned website, its owners, its developers or any individual or corporate body associated with the aforesaid mentioned website
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:
- “Client”, “You” and “Your” refers to you, the person living or electronic devices or the organization which taken the membership or subscription services or membership or anyone as decided by us or website or company who has logged on this website using your login credentials and compliant to the Company’s terms and conditions.
- “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company, Startups Club, it successors and any form as decided by the company or the website
- “Party”, “Parties”, or “Us”, refers to both the Client and Ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of providing information and a platform for the Client’s needs as per our understanding only in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Bangalore, Karnataka, India and the laws of countries which have signed the various global intellectual property agreements which are also recognized and signed by the Republic of India.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
The Client acknowledges, agrees and accepts that they have been made adequately aware of the rates and fees associated with services being rendered by the Company and have received a complete description of services to be rendered. The Client or user solemnly acknowledges the fees is nonrefundable under any circumstances since the company and client or user agrees the company & website have incurred substantial expenses in sales, development, infrastructure and other startup & ongoing expenses
The Client also acknowledges that the Company reserves the right to change the specified rates, charges, fees or what so ever which involves a monetary transaction and charges from time to time at it sole discretion. Any promotional offers made by the Company are contingent upon the Company maintaining its cost of service goals, including but not limited to rates charged by its suppliers.
The Client or user or the payee solemnly acknowledges that they have not received any guarantees or warranties or assurances as regards the number of meetings or networking opportunities or acceptance or funding by Venture capital companies or take over by other companies or increased sales or hiring or development and only that the company shall endeavor to provide a non-conditional platform for entrepreneurs, investors, organizations and service providers. The client / user also agrees, acknowledges and accepts any form of relationship which evolves as result of this platform will be sole responsibility of the client / user / subscriber and they shall not hold website or the company responsible in any form or manner.
Wherever and whenever possible & at the sole discretion of the company, the Company will provide the client with a minimum of 15 days notice of any rate changes and the client or user acknowledges that the increased charges will be paid without any dispute from the date of increase till such time the membership or usage is done directly or indirectly
You hereby agree and assure the Company that the Site and/or the Services shall be used for only lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. Any violation of the result in immediate termination of the membership and access privileges. By continuing to use the website and the membership privileges, the user or you agree the decision of the company or the website at all times when the company or the website determines at its own & sole discretion if any violation has occurred. The user agrees, acknowledges and accepts the sole right of the company in the matter of rules, regulation, and violations rights and obligations of the user. You further concur that you shall not:
- circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or the Services either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by the Company;
- either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms
- use the Site or the Services in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company’s server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party’s use and enjoyment of the Site or the Services;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Services;
- perform any activity which is likely to cause such harm;
- use the Site or the Services for illegal or unlawful purposes;
- disrupt or interfere with or attempt to make or attempt any unauthorized access to the Company website or the website of any the Company’s customer;
- attempt to gain unauthorized access to the Services, other customer’s accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services;
- incorporate the Site or Services into or retransmit via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing;
- create, recreate, distribute or advertise an index of any significant portion of the Site or Services unless authorized by the Company;
- Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation like solicit login information or access an account belonging to someone else;
- Impersonate or misrepresent your affiliation with any person or entity;
- Encourage or enable any other individual to do any of the foregoing.
In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based , based on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Site may however, permit you to post user submissions including but not limited to reviews of Content available through the Services, comments on such Content etc. You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum. You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; contain misleading information regarding the origin of the Content; or otherwise contains objectionable content. All user submissions are the sole property of the website / company and you have agreed to transfer to all copyrights, digital rights of the same in lieu of the consideration for allowing the publishing of the same on the website owned by the company. Further the person or the organization making the submission agree & accept unequivocally that it is their responsibility to provide original content and they have taken permission from copyright or trademark owners or provided acknowledgement for the same in submission and person or the organization making the submission solemnly agree and accept they have not done copyright violation or plagiarism directly or indirectly using software or electronic means. Further the person or the organization making the submission will responsible for veracity of the content submitted and any violation of the any of the above mentioned or any other terms will result in immediate termination of the membership privileges, membership and access to the website without any refund or any recourse to any claim & the person or the organization making the submission will assume all liability for the action or violation of making the submissions not as per the prevailing law of the land and any damages which occur to the original owner of the content and the website
You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; contain misleading information regarding the origin of the Content; or otherwise contains objectionable content.
You understand and agree that the Company may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.
Payments and Fee
By signing up for the Services, you are expressly agreeing that the Company is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services through the credit card or other payment method accepted by the Company (“Payment Method”) that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may inform Startups Club of the same. If your Payment Method expires and you do not inform us and you authorize us to continue billing, you will remain responsible for any uncollected amounts along with the applicable damages.
The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is suspended or discontinued pursuant to these Terms.
In order to sustain the Services, it is important that you honor the payment obligations to which you have agreed. Accordingly, the Company reserves the right to pursue any amounts you fail to pay in connection with the Services. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
You also understand and acknowledge that the Company only offers third party payment gateway for processing of payment. The facilities provided are managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
You can file any complaint related to payment transfer at Site and the same shall be forwarded to the concerned third party payment gateway provider for redress
The user or subscriber clearly understands, agrees and accepts that the company, website and it personnel have not made any commitment as regards the number of meetings or connections or networking opportunities or finances or funding guarantees and that website and the company will provide an online and offline platform for networking or making funding requests or meetings and it solely depends on the product / company viability or the member/ subscriber capability or capacities over which the company has no control. All services rendered by the Company are provided on a non-refundable basis. This includes, but it not limited to, setup fee, monthly fee, yearly fee and professional services fee, regardless of usage.
TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF THE SERVICE
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a paid subscriber and the Company suspends or discontinues the Services, the Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Company may credit additional days of service to your account). However, if the Company terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Any complaints or concerns with regards to content or to report any abuse of laws or breach of these terms may be taken up with the designated grievance officer as mentioned below via post or by sending an email to Grievance Cell. The user acknowledges that the only mode of communication would be through emails and that no other method of communication will be used for the same. Any violation of this conditions would mean that user agrees that the company at its own sole discretion can decide not to proceed further since using any other mode is a violation of the terms & conditions to which the user has agreed
All emails shall be addressed to the following person in a civil manner to
Ms. Salma Moosa
Startups Club Services Private Limited
99D, 2nd Cross, 5th Block, Koramangala, Bangalore – 560 000
Email: [email protected]
All disputes if any will be settled by mutual arbitration as per the Indian Arbitration Laws and the venue of the same shall be Bangalore, India. The costs of the arbitration shall be shall shared equally by all parties involved and any dispute about the same shall lie only with High Court of Karnataka and not any other jurisdiction.
DISCLAIMER OF WARRANTIES AND LIABILITY
You understand and agree that the Company provides the Services on ‘as-is’ ‘with all faults’ and ‘as available’ basis. You agree that use of the Site or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by the Company whether express or implied and expressly disclaim any and all representations and warranties as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information, the content, data, products and/or services, merchantability or any warranty for fitness for a particular purpose; (b) that the service will be uninterrupted, timely, secure, or error-free or that all deficiencies, errors, defects or non-conformities will be corrected; (c) the quality of any services, content, information, data, or other material on the website will meet your expectations or requirements; (d) any errors in the site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers etc. The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Services, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages. In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.
You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
- any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
- your use or misuse of or access to the Site or the Services;
- your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
- any claim that you have caused damage to a third party by act, actions, submissions or any other means or methods
The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company’s defense of these claims.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
- are subject to the preceding paragraph; and
- Govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
We will not be liable for any loss or damage of any nature the information and services on the website.
Violation of Terms
However at the company’s sole discretion and judgement, should the Client violate any of these terms, the Company at its sole discretion decides it not warrant immediate termination, will attempt to contact the Client by email or telephone before taking any action where avoidable.
However, the Company will pursue whatever action is necessary to serve its best interest in these cases, even if that should necessitate the suspension or termination of the Client’s services without any type of notification.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.