STANDARD TERMS OF SERVICE

REVISED: 07 JANUARY 2020

Transform Future Consulting Private Limited (hereinafter “Transform” or “we”) is the owner of the site mytransform.com (“Site”). Your access to the site and the contents available thereon and use of any or all services made available by Transform are subject to the Terms of Service (“Terms”) stipulated hereunder. Please read these Terms carefully before using mytransform.com or related services by Transform.

Acceptance of Terms

By clicking the tab “I AGREE” or “I ACCEPT”, you hereby indicate that you have carefully read and accepted these terms before making any use of the Site whatsoever.

DEFINITIONS

“Additional Conditions” shall refer to Privacy Policy, Disclaimer, Copyright Notice and on the Site as provided on the Site.

“Content” shall refer to any and all information on the Site whether currently available or as may be updated by Transform periodically.

“Subscriber” or “you” or “user” shall refer to any person or entity who wishes to open an account on the Site and avail of the Services in accordance with these Terms either for himself/herself/itself or for the benefit of any minor or third party. Wherever the Subscriber permits such minor or third party to avail the Services, the expression “Subscriber” or “you” or “user” as used in these Terms shall be deemed to refer to such minor or third party user by implication.

“Stakeholders” shall refer to any person or entity who/which participates and contributes in transition management of individuals such as a family member, facilitator, mentor, educator, employer, government or institution, as the case may be. For the purpose of these Terms, a Stakeholder shall be deemed to be a Subscriber and these Terms shall be binding on all Stakeholders.

LEGAL CAPACITY AND RESPONSIBILITY

You confirm that you are legally competent to enter into this agreement. Where the Subscriber enters into this agreement for the benefit of any minor or third party and allows such minor or third party to avail the Services, the Subscriber shall be deemed to have read, understood and agreed to these Terms and Additional Conditions and further that the Subscriber shall at all times be liable for any and every action or omission of such minor or third party user of the Services. Wherever applicable, the Subscriber shall be liable for all conditions, consents, obligations, notices and covenants contained in these Terms notwithstanding the fact that actual user of the Services may be a person/persons other than the Subscriber. No person under the age of 18 years (hereinafter referred to as ‘minor’) shall be allowed to access the Site or create an account on the same in his/her name. For the minor users, access to the site is permissible only through the registered account of his/her parent or legal guardian and the same is incorporated in the signup process.

TRANSFORM SERVICES

Transform provides the service of transition management (“Service” or “Services”) for individuals and Stakeholders which inter alia include information and resources, taking surveys, identifying career/education opportunities and making connections. Subject to payment of fees as per the Site (wherever applicable) and subject to your compliance with these Terms, Transform hereby grants you a non-exclusive, non-transferable, royalty-free, revocable license to use the Services and the software that enables the Services. Transform may, at its absolute discretion, make changes, suspend or terminate/replace any Service at any time with a view to further improve, upgrade the Content and Services. Transform is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide.

In consideration of your payment of fees as per the Payment tab on the Site (wherever applicable) and subject to your compliance with these Terms, Transform hereby grants you a non-exclusive, non-transferable, royalty-free, revocable license to use the Services and the software that enables the Services.

Transform may, at its absolute discretion, make changes, suspend or terminate/replace any Service at any time with a view to further improve, upgrade the Content and Services. Transform further reserves the right to modify the payment terms (wherever applicable) prospectively at any time, provided that payments already made by a Subscriber shall remain unaffected by such modification.

Transform is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide.

PAYMENT TERMS

Depending upon the nature of commercial arrangement between you and Transform, the following conditions may be applicable to your use of the Services and the software that enables the Services.

The subscriber shall be entitled to avail and access basic features available on the site without payment of any amount. However, some of the features /services on the site are payable and the fee for the same is provided thereto. In order to avail such features/services the subscriber shall be required to make the payment and submitting the necessary details following the procedure provided.

USE OF CONTENT AND THIRD PARTY PRODUCT & SERVICES

The Content on the Site consists of both guidance material generated by Transform and those that have been collated and consolidated by Transform from various public/open sources. While Transform makes reasonable assessment of Content before uploading the same on the Site, Transform does not bear any responsibility regarding the accuracy or relevance of the Content particularly when such Content has been generated on the basis of third party sources. In the course of availing the Services the Subscriber agrees that Transform is not liable or responsible for any damage/harm/injury/loss caused (whether directly or indirectly) by the use of any Content on the Site. Subscriber’s use of the Content on the Site and availing of the Services shall at all times be at his/her own risk.

With a view to providing further benefits to its Subscribers, Transform may allow third parties to offer their products and services on the Site. Use of such products and/or services is subject to the terms and conditions of the said third parties and entirely at the risk and cost of the Subscriber. Transform is not responsible in any manner regarding the third party products and services and any Subscriber wishing to avail of any such product/service is advised to make independent enquiries with the third party supplier of products/services.

The Site may contain links to third party websites as well. By accessing such links, the Subscriber shall be bound by the terms of use of such third party website. Transform does not have any control over such third party websites and does not warrant any use thereof. The Subscriber agrees that Transform is not responsible or liable in any way with respect to the content of the third party websites. It is further clarified that availability of third party link/ content on the Site is not an endorsement of any sort by Transform. The Subscriber shall be solely responsible for any loss or damage of any sort incurred as a result of transactions with such third parties.

The Subscriber is hereby informed that while accessing the Site, Transform and the Subscriber might have to rely on information/ data / statistics provided by the third parties. The Subscriber agrees that Transform relies on such input of data from third parties and that Transform shall not be responsible or liable in any manner with respect to the accuracy, quality or any delay in accessing such data or the content/ data displayed on the Site by relying on the information/ data / statistics provided by such third parties.

CONDUCT ON SITE

Users from various backgrounds and experience, including but not limited to students, educational institutions, teaching staff, employers, government departments, organizations/ institutions, professionals etc. may create an account with Transform for the purpose of connecting/ networking with other users. Further, assessments and surveys may also be conducted on the Site.

Many of the students using the Site though their parents or guardians, as the case may be, are under the age of 18 years hence, it is of utmost importance to maintain conduct on the Site which is strictly professional in nature.

The Subscriber undertakes to adhere and maintain his/ her conduct as provided below:

    • The Subscriber agrees to use only civilized language on the Site while speaking with any other individual through the Site.
    • The Subscriber shall not register or operate more than one account with the Transform.
    • The Subscriber shall not misrepresent anyone or create an account on behalf of anyone without their consent.
    • The Subscriber agrees not to use any codes, exploits, automation, software, bots, hacks or any unauthorized third party software designed to modify or interfere with the Transform’s Services.
    • The Subscriber agrees not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying the Transform’s Services.
    • The Subscriber agrees not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service or other attempts to disrupt the services of Transform or any other person's use or enjoyment of such Services.

CANCELLATION OF SERVICES AND REFUND

No refund shall be applicable for the services which are available on the site for free.

In the event where the Subscriber requests for cancellation of Services, Transform shall verify the said request. Transform shall in its own discretion, approve/ reject the cancellation request of the Subscriber. Transform shall communicate its approval/ rejection to the cancellation request.

In case of cancellation of Services where Transform is of the opinion that the payment made by the Subscriber is liable to be returned, the payment amount shall be transferred back to the account details as shared by the Subscriber, after reduction of the applicable charges, if any.

The refunds may be made to the Subscriber using various payment modes including but not limited to net banking, credit/debit card, e-wallets, cheques (through post).

UPLOADING OF INFORMATION/MATERIAL BY THE SUBSCRIBER AND TRANSFORM’S RIGHT TO USE

The Subscriber shall be required to furnish the following personally identifiable information, including but not limited to, for creating an account with Transform.

    • Name (First and Last name)
    • Email address
    • Date of Birth
    • Mobile number; etc

You hereby agree not to register on Site with an intent to impersonate anybody in an unauthorized manner. Upon collection, the above-mentioned information shall be subject to the Privacy Policy of Transform. You shall be individually responsible for the accuracy and correctness of all such details/ information provided during registration on the Site. If Transform has reason to doubt the correctness of any details/information furnished or in case any information furnished is found to be incorrect, false or misleading in nature or otherwise not in accordance with these Terms, then Transform shall be entitled to cancel or indefinitely suspend or block access to the Site and refuse to provide access permanently or for such period as Transform deems fit. Transform shall not be liable for any loss or damage arising from your failure to comply with these Terms or Additional Conditions. Transform shall not be liable for any unauthorized hacking of the Site leading to leakage and misuse of PII.

Further, during the subscription period and in the course of availing the Services, the Subscriber may be required provide additional information. The Subscriber shall be solely and exclusively liable for maintaining secrecy and confidentiality of his log-in credentials for the Site. The Subscriber agrees to indemnify and hold harmless Transform for any harm, liability, injury, damages or loss arising out of the loss or compromise of log-in credentials due to user’s own act or omissions.

On and from the date you become a Subscriber, you grant Transform, its channel partners and affiliates a right to use any information/ material (including but not limited to any personal data) that you upload on the Site to create your account and during the subscription period. Transform’s right to use information/material uploaded by the Subscriber shall include right to access, store, use, copy, modify, distribute, publish, and process any information and material that you provide through our Services, without any further consent, notice and/or compensation to you or others. You agree that in lieu of the aforesaid right granted to Transform, you shall be able to obtain maximum benefit out of the Services offered through the Site.

Subject to these Terms and the Privacy Policy of Transform, any information or material uploaded by you may be visible to or shared with third parties operating on the Site or service providers/channel partners of Transform. You have the option of providing access to concerned Stakeholders to view information or material uploaded by you. Stakeholders’ access to the Site and use of the Services shall always be subject to these Terms.

You shall upload only such information/material on the Site that you have the right to share or put out in the public domain. Any information/material uploaded by you shall not violate any law or third party rights (including but not limited to intellectual property rights). All personal information provided by you shall be accurate and verifiable.

The Subscriber shall solely and exclusively be responsible for providing his correct, accurate and up-to-date information on the Site. The Subscriber shall update his information as and when there is any alteration, change or amendment in any of the information provided on the Site.

In the course of use of information/material uploaded by you, Transform may be required by law to remove specific information/material in certain geographies. Further, while Transform may edit and make formatting/other changes to your information/material (such as translating it, modifying the size, layout or file type or removing metadata), to the extent reasonably possible Transform shall not modify the meaning of your expression.

Information/data provided by you for the purpose of creating the account with Transform can be modified by you. However, the said information/data cannot be deleted and shall be retained by Transform after the closure of the account. You may delete or modify any information/material uploaded by you during the course of report generation as part of the Services. Further, all such information/material uploaded by you may be viewed/accessed by third parties in accordance with the foregoing at any time.

Transform is committed to protecting the data/ information provided by you and shall strive to comply with the prevailing data protection laws as may be applicable from time to time.

UNACCEPTABLE USAGE AND CONSEQUENCES

User shall not engage in any of the following:

    • Reverse engineer or tamper with the security of any Transform Services/software.
    • Make unauthorized copies of any Content in the Transform Services/software.
    • Make or attempt to make any modification to dashboard or report designs that are unique features of the Site.
    • Upload content that contains or contains links to nudity, pornography, adult content, sex, profanity, or foul language.
    • Upload content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
    • Upload content that infringes any copyrights, trademarks, patents, trade secrets or other intellectual property of any person or entity.
    • Upload content that is racist or otherwise extremely offensive to others, including content that aggravates, harasses, threatens, defames or abuses others.
    • Upload or display content that exploits images of children under 18 years of age.
    • Upload binary files or executable code.

In the event you have engaged in any of the aforementioned activities, Transform reserves the right, without prejudice to any other remedies available under the law or equity, to limit your use of the Services, including the number of your connections made on the Site and your ability to contact other members. Further, Transform reserves the right to:

  • restrict, suspend, or terminate your account, if Transform reasonably believes that you may be in breach of this agreement or any law in force or are generally misusing the Services.
  • Delete or remove your account permanently
  • Provide information to the relevant government officials/ authorities
  • Delete or remove any information posted by you on the Site

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Nothing contained on the Site maybe copied or construed as granting any license or right to use any Content/trademark without the prior written permission of Transform. Subscriber’s access to the Site, use of the Services and the enabling software shall not be construed as granting any right to Subscriber to make any claim in respect of the intellectual property rights owned by Transform or those that may be owned by Transform in future. You further confirm that you have read and understood the Copyright Notice.

The Subscriber hereby acknowledges that Transform is the sole and exclusive owner of the intellectual property as displayed to the Subscriber except for third party links/content on the Site, including but not limited to, trademarks of Transform whether registered or unregistered, trade names, trade dress, designs, logos, graphics, content arrangement, software, algorithms, web designs, user interface, page codes, etc. The Subscriber hereby agrees and declares that he/ she shall not use Transform’s intellectual property in any manner that is detrimental to Transform’s interests. The Subscribers hereby agrees to indemnify Transform and keep Transform indemnified for any harm, loss, injury, damage or liability arising on account of the User’s acts or omissions.

Indemnification

In the event any legal/regulatory proceeding is initiated by a third party or regulatory/administrative authority against Transform and/or any of its Directors, Promoters and employees on account of your acts of commission or omission, you shall indemnify and hold harmless Transform, its Directors, Promoters and employees against all Claims. For the purposes of this clause, “Claims” shall mean any and all claims, legal actions, proceedings, suits, litigations, prosecutions, arbitrations, enquiry or mediation, investigation, demands, and/or judgments resulting in losses, damages, costs, expenses and the likes.

TERMINATION & CLOSURE OF ACCOUNT

Transform reserves the right to suspend or terminate your use of the Site and the Services at any time, without notice, if you are found in violation of the Terms. Unutilized Subscription Amounts (if any) shall not be refunded in case of such termination.

You or Transform may terminate this agreement at any time as required. In case you wish to terminate this agreement, you may send an email to team@mytransform.com.

On termination of this agreement, you lose the right to access or use the Services.

Subject to these Terms, Transform shall have the right to use information/material uploaded by you even after the termination of this agreement and closure of your account.

The conditions for termination of this agreement as stipulated herein shall always be subject to any additional agreement(s) that Transform may enter into with you.

Limitation of Warranties

ALL TRANSFORM SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TRANSFORM DOES NOT WARRANT THAT THE SERVICES OR ITS SOFTWARE WILL BE ERROR-FREE OR THAT ALL NON-CONFORMITIES CAN BE CORRECTED. TRANSFORM MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES, WITH RESPECT TO ITS SERVICES OR THE SITE. TRANSFORM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY CONTENT, EXPRESS OR IMPLIED.

EXPRESS DISCLAIMERS

Transform hereby expressly disclaims any responsibility with respect to the following:

    • for the completeness, veracity or accuracy of the information provided on the Site
    • on account of any act of legislature through which activities as provided on the Site may be prohibited
    • on account of any change, amendment, alteration or substitution in the Terms
    • on account of use of the Site
    • any harm, loss, liability, injury or damage which may arise on account of any suspension, termination, closure or stoppage of Services by Transform
    • for the links of other internet sites owned and operated by third party as may be available on the Site
    • for Subscriber’s correspondence, transactions or related activities with third parties, including payment providers and verification service providers, which are solely between the Subscriber and that third party
    • for any misuse of the Subscriber’s account by the Subscriber or any other party.

Limitation of Liability

TRANSFORM DISCLAIMS ANY LIABILITY FOR DAMAGES CAUSED BY ITS SERVICES OR THE CONTENT OF THIS WEB SITE.IN NO EVENT SHALL TRANSFORM BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR THE SERVICES, REGARDLESS OF WHETHER TRANSFORM HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.

TRANSFORM MAKES NO GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PART THEREOF, WHETHER CREATED BY TRANSFORM OR ANY THIRD PARTY. TRANSFORM SHALL NOT BE RESPONSIBLE FOR 1) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF CONTENT; 2) ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT OR SERVICES; OR 3) LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT OR SERVICES PROVIDED BY TRANSFORM.

FORCE MAJEURE

Transform shall not be liable for any harm, injury, damages, loss or liability arising on account of any circumstances beyond the control of Transform (hereafter referred to as “Force Majeure”), including but not limited to, acts of any third party, accident, fire, flood, earthquake, landslide, lightning strike, volcanic eruption, tsunami, war, naval blockade, embargo, international sanction, international action, terrorist attack, riots, civil disturbances, acts of the military or police authorities, any notice, summon, order, decree or judgment of any public authority or the court of law etc.

Transform shall not be liable for performance of any acts or obligations if it has become impractical to perform such acts or obligations on account of any Force Majeure circumstances.

MISCELLANEOUS

In addition to these Terms, a Subscriber shall be bound by Transform’s Privacy Policy, Disclaimer, Copyright Notice and Payment tab on the Site (wherever applicable). The Additional Conditions are deemed to be incorporated in these Terms by reference.

By signing up or by clicking the tab or “I AGREE”, the Subscriber has indicated his/her acceptance of the Additional Conditions.

Entire Agreement: Save and except as stated hereinafter, these Terms and the Additional Conditions collectively constitute the entire agreement and understanding between you and Transform and supersede any prior arrangement or understanding that you may have had with Transform.

Transform may also require the Subscriber to execute additional agreement(s) depending upon the nature of business arrangement between the parties. Wherever applicable, such additional agreement(s) alongwith these Terms and Additional Conditions shall collectively constitute the entire understanding between you and Transform and supersede all prior arrangements between the parties. These Terms and Additional Conditions shall be read in conjunction with such additional agreement(s) and rule of harmonious construction shall be applied in case of any interpretational issue.

Choice of Law and Forum: These Terms and Additional Conditions shall be governed by the laws of India. Any dispute arising out of or in connection with these Terms and Additional Conditions shall be subject to the exclusive jurisdiction of Courts in Delhi. Questions regarding this policy may be sent to team@mytransform.com. All communications from Transform may be sent to your registered email id available with Transform and/or to the physical address provided by you at the time of opening the account.

No waiver of any provision hereof shall be effective unless made in writing by Transform. Any failure of Transform to demand the performance of any term or obligation set herein, or the waiver by Transform of any breach herein, shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a waiver of any subsequent breach.