Terms and Conditions

Table of Contents:

• A. About Relevel and the Platform

• B. Platform Services

• C. Right to Access and Account Creation

• D. Subscription Terms

• E. Use of the Platform

• F. Your Conduct on the Platform

• G. Feedback

• H. Claims Against Use of Third-Party Intellectual Property

• I. Relevel’s Rights

• J. Communications

• K. Processing of Personal Information

• L. Platform Availability

• M. Pricing, Payments, and Refund

• N. Deletion of Account

• O. Disclaimer

• P. Limitation of Liability

• Q. Indemnity and Release

• R. OFAC (Office of Foreign Asset Control)

• S. California Civil Code Section 1789.3

• T. Applicable Laws and Jurisdiction

• U. General Provisions

• V. Contact for User Support/Queries

• W. Consumer Grievances

• X. Contact Us

Welcome to Relevel! We hope that you have a great experience using our Platform.

These Terms of Service (“Terms of Service”) set out the terms and conditions for use of https://Relevel.com/ (the “Site”), the mobile application(s) (the “Application”) and any features, subdomains, content (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device (hereinafter collectively referred to as the “Platform”/ “Relevel Platform”).

These Terms of Service apply to all users of the Platform, including without limitation, all persons who take the Test (defined below) (“Test-Takers”) and all persons who subscribe for a Course (defined below) (“Subscribers”) (collectively referred to as “you”, “your”, or “User(s)”).

When we speak of “Relevel”, “we”, “us”, and “our”, we collectively refer to Pilani Experts Technology Labs Private Limited – a company incorporated in India and all its affiliates which have license to host the Platform and offer Services. Kindly refer to the ‘About Relevel and the Platform’ section of these Terms of Service to know which Relevel entity your Agreement will be with.

These Terms of Service along with the Privacy Policy, Refund Policy, Cookies Policy, the User Guidelines and any other terms and conditions, rules, policies or guidelines included in these Terms of Service or Privacy Policy by reference and/or as updated on the Platform or otherwise communicated to you from time to time (including terms and conditions of other third party platforms that may be used or accessed for gaining access to the Platform or using the Services on the Platform) (collectively referred to as the “Platform Term(s)”), defines the relationship between you and Relevel, and they shall govern your use of the Platform and the Services (defined below) offered therein. Your access to the Platform is subject to your acceptance of the Platform Terms and such acceptance of the Platform Terms forms a legally binding agreement between you and Relevel (“Agreement”). Hence, please take your time to read the Platform Terms in their entirety.

From time-to-time, updated versions of the Platform Terms may be made available as aforesaid for your reference. By visiting and accessing the Platform, providing your Personal Information (as defined in the Privacy Policy), using the Services offered or by otherwise signalling your agreement when the option is presented to you, you hereby expressly accept and agree to the Platform Terms. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Platform in any manner.

All capitalized terms are defined/have the meaning assigned to it under these Terms of Service. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms of Service and/or other Platform Terms; if not here, then it will be provided in the relevant Platform Terms – when we refer to any such term in these Terms of Service, we will try and specify where in these Terms of Service and/or other Platform Terms you can find the meaning/definition.

A. About Relevel and the Platform:

In India, the Platform is owned, managed, operated and offered by Pilani Experts Technology Labs Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its corporate office at Maruti Infotech Centre, 5th Floor, B-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, India (“Relevel India”). In any jurisdiction other than India, wherever Services are rendered through the Platform, the same is offered by Relevel India and / or its affiliates (as relevant pursuant to appropriate intra group contractual arrangements). For knowing with which entity of Relevel your Agreement will be, please refer the list in Annexure A below.

B. Platform Services:

Relevel, inter alia, is an online hiring platform that allows job-aspirants to showcase their skills through Tests (defined below) and provides companies easy access to source and select the best of candidates, pre-assessed on their aptitude, competencies, and skills.

Relevel conducts tests in various job categories on the Platform, which is intended to assess a Test-Taker’s real-world job skills required for a job category (which include without limitation, personality traits, cognitive ability, communication, and technical skills, etc.) (“Test”); Test-Takers are graded based on their overall performance and the Test-Takers who achieve the required grades may have an opportunity to be interviewed for a job in the category they have tested for, or in any other category (subject to companies’ and Test-Takers approval for the same) by various companies registered with the Platform (“Placement(s)”). To know terms and conditions applicable for the Tests and subsequent Placement opportunities, please read our Relevel Test and Placement Terms.

Further, the Platform offers various content, including content that help Users prepare for the Tests; the content offered may be in various formats including without limitation audiovisuals, audio, pre-recorded audiovisuals, live audiovisuals and/or in written form in a diverse range of categories through various modes and means (“Course(s)”). Relevel may also offer, either directly or indirectly (through other third party platforms), other incidental and ancillary services which may include without limitation question banks, mock tests, live mentorship, contests, webinars and events (physical and/or online).

Furthermore, Relevel may offer certain products/services to you in collaboration with one or more of the Relevel Group Platforms (as defined under the Privacy Policy). In such cases, to the extent that such product/services are made available to you through the Platform, the Platform Terms shall continue to apply to you.

For the purpose of the Platform Terms, usage of the terms “Platform Services”/ “Services” shall mean and include all the services referred to in this section and such other products or services as may be offered by Relevel.

You agree and acknowledge that Relevel shall have the right at any time to change or discontinue any Service, product, aspect, or feature of the Platform, including without limitation to, the Courses, its availability and Supported/Compatible device required to access or use the Services. Relevel reserves the right to terminate your Subscription (defined below) and / or restrict your access to the Platform if you choose not to provide / partially provide the requested information and/or fail to adhere to the Platform Terms.

C. Right to Access and Account Creation:

To access the Platform and use our Services, you will be required to register and create an account on the Platform by providing the requested details.

To access and register on the Platform you must meet the ‘Age Requirements’ specified hereinbelow. By using the Platform, you, through your actions, affirm that the Age Requirements are met. However, for you to be eligible for Placement(s) through the Platform, you must be at least 18 (eighteen) years of age or of such age determined by the applicable laws of your country of residence as suitable for employment. Please read through our Relevel Test and Placement Terms to know the eligibility criteria for Placements through Relevel.

You can register on the Platform for free, however, certain Services offered on the Platform may be chargeable. Please review the Service offerings on our Site or Application(s). You are not obligated to purchase any product or use any Service offered on the Platform.

Age Requirements to register and use on the Platform (“Age Requirements”):

• If you are a resident of India or any other country (except USA, UK or EU countries), then you must have attained at least 18 (eighteen) years of age to register and use the Relevel Platform;

• If you are a resident of the European Union (EU) country and have attained at least 16 (sixteen) years of age, then you are permitted to register and use the Relevel Platform; and

• If you are a resident of the United States of America (USA) or United Kingdom (UK) and have attained at least 13 (thirteen) years of age, then you can register and use the Relevel Platform.

• If you are a resident of the US, UK or EU countries and are between the ages 13 and 18/ 16 and 18 respectively or if you are resident of any other country and are considered to be of any age determined for use of internet services but are less than the contractual age determined by the applicable laws of such country, then by using the Platform, you confirm to us that your use of the Platform is with the consent of and under the supervision of your parent or legal guardian (“Parent”) and your Parent has read, agreed and accepted to the Agreement; and in the event of any dispute between you and Relevel pursuant to your Agreement with us, the terms of our Agreement shall be applicable to and enforceable against your Parent.

Please note that the Platform and the Services offered therein are not directed at Minors/Children and Minors/Children are not by themselves eligible to register on and use the Platform and/or the Service offered therein. For the purpose of these Platform Terms, “Minor(s)”/ “Child”/ “Children” is/are individual(s) who do(es) not fulfil the Age Requirements mentioned above (as may be revised as per applicable laws from time to time).

However, if you are a Minor who registers or uses the Platform, you confirm to us that your use of the Platform is with the consent of and under the supervision of your Parent, and your Parent has read, agreed and accepted to the Agreement. Further, the Parent understands and agrees that they shall be fully responsible for their Child’s use of the Platform including all financial charges and legal liability that their Child may incur.

Relevel reserves the right to terminate your Subscription and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements/ have registered and used the Platform without the consent of your Parent. You acknowledge that Relevel does not have the responsibility to ensure that You conform to the aforesaid Age Requirements to use the Platform. It shall be your sole responsibility to ensure that the required qualifications are met, and continue to be met with, at the time of your registration on and/or use of the Platform.

You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other Personal Information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete.

You represent that the information provided by you at the time of the registration are correct, true, and accurate, and you agree to update the same as and when there is any change in the said information. Please read our Privacy Policy to understand how we handle your information.

Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be required to comply with any legal and regulatory provisions, and also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without providing any notice to you, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, any information provided by you violates or you have violated, any provision of the Platform Terms or any applicable law or government policies.

Further, to access the Platform, to take the Test, use and/or view the Courses on the Platform, you will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, or other electronic device that meets the system and compatibility requirements and on which you are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform and/or avail the Services may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein.

D. Subscription Terms:

Relevel does not charge any fee for registration and account creation, and for the Tests taken on the Platform. However, certain Services, including the Courses, offered by Relevel may be chargeable. Accordingly, access to certain Services and features is offered by Relevel through a multi-tiered paid subscription plan(s) or purchases; the details of the Services and applicable features along with their corresponding prices can be found on our Site and/or Application (“Subscription”/ “Subscription Service”). You can purchase Subscriptions by following the instructions you encounter as you navigate through the Platform.

The terms that are applicable to your purchase of Subscription(s) –

1. Purchase of a Subscription will allow you access only to the Course or Service for which you have purchased the Subscription.

2. The Services offered, and the validity/term of your Subscription (“Subscription Period”) may vary depending on the plan/Course/Service you may purchase. Hence, before you proceed to purchase any Subscription, please read and understand the details of the Subscription(s) you intend to purchase on the Platform. If you are unclear about any part of the Subscription offering or need further clarification, then prior to your purchase please feel free to write to us at the email address provided in the ‘Contact for User Support/Queries’ section below.

3. We may personalize Services and feature them as part of Subscriptions, including showing you recommendations on Courses/Services that might be of interest to you. We also endeavor to continuously improve the Subscription offerings to improve your Platform experience.

4. The Subscription is of a personal nature and is solely for the benefit of the person subscribing and is not allowed to be resold by you or transferred to or shared with any other person for consideration or otherwise. In the event we get to know that any Subscriber has resold/transferred/shared Subscription with another person, then Relevel retains the right to cancel/terminate the Subscription forthwith.

5. Due to the limitations, if any, imposed on us by our content providers (from whom we may have licensed the Courses or any such content made available to you), the Courses or content we make available to you under any Subscription offering are subject to certain restrictions on viewing access and on the length of time we make them available to you. These restrictions may change over time as we add new features, devices, and content to our Subscription Service. Illustratively, following are some of the restrictions that are applicable to your access to the content (made available through Subscription Service or otherwise):

   • (a) Recorded/Live Videos: You may get access to recorded videos or attend live videos (in other words, live-streamed content) if the same is offered as part of your purchased Subscription. The access shall be available to you through the Platform during the Subscription Period and shall be subject to the Platform Terms. Please be sure to use a Supported/Compatible device (refer to the ‘Right to Access and Account Creation’ section above) while accessing the videos.

   • (b) Viewing Period: Depending on the Subscription, we may make available the recorded videos and/or recorded versions of any relevant live video to you for continued viewing on the Platform (which may include in-app downloading as mentioned below) during your Subscription Period. Please note that the availability of the recorded videos or the recorded versions of any relevant live video content for your subsequent access on the Platform is subject to our agreements with our licensors (if any), and we do not in any manner guarantee the availability of the same at all times.

   • (c) In-App Downloading: Depending upon your Subscription, you may only have an option to do in-app downloads and the downloaded content can be viewed by you during the Subscription Period. All access to the downloaded content shall be removed on expiry or termination of your Subscription, as the case may be.

   • (d) Quality of Streaming: The resolution and quality of the content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Course or any Service and your bandwidth, which may increase or decrease over the course of your viewing. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Course or any content you will see when streaming.

6. Depending on the Subscription Service you have purchased, you may be given access to certain additional Services and features. The additional terms applicable to each of these additional Services may be made available to you on the Platform in the form of terms and conditions or FAQs (Frequently Asked Questions) for that specific Service or may be otherwise communicated to you. Hence, please be sure to go through the Platform Terms to understand the additional services, if any are made available to you, and how you can avail the same.

7. Pursuant to purchasing a Subscription for a Course, you may be placed in a cohort/batch. Any requests for change in batch/cohort once placed may be permitted only in exceptional cases with prior approval. Requests for batch/cohort transfer shall be raised from the registered email id of the Subscriber. Neither requests raised after 2 (two) weeks from the commencement of the respective batch/cohort nor more than one request per Subscriber shall be permitted under any circumstances. Relevel does not entertain any requests for transferring to a different Course once you have subscribed to a particular Course. Relevel reserves the right to permit/deny requests for batch/cohort transfers at its sole discretion.

E. Use of the Platform:

1. Relevel’s Intellectual Property: Relevel and/or its affiliates own all information and materials (in whatever form or media) provided or communicated or licensed to you by or on behalf of Relevel including but not limited to, the Platform, the trademarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to Relevel and/or its affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Relevel (“Relevel’s Intellectual Property” or “Relevel’s IP”). Relevel’s IP specifically excludes any content made available by the Users, including without limitation, any reviews, or testimonials on the Platform. Relevel’s IP, including its trademarks, will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to Relevel’s IP or the Platform by use of the Platform. You acknowledge and agree that Relevel’s IP is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution, transmission, republication, display or performance of the Relevel’ IP and any component thereof is strictly prohibited and may result in legal/penal consequences.

   It is further clarified that Relevel, its logo, and other marks indicated on our Platform are our trademarks or registered trademarks. Platform's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Platform. Relevel’s trademarks and trade dress may not be used in connection with any product or service that is not Relevel’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Relevel. All other trademarks not owned by Relevel that appear on this Platform are the property of their respective owners, who may or may not be gated with, or connected to Relevel.

2. License to use the Platform: Subject to the Platform Terms, Relevel hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services through the Platform for your own personal, non-commercial and private use on an 'as is' basis in accordance with these Terms of Service and other Platform Terms. If you have purchased a Subscription, then we may automatically remove your access to the content from your Compatible Device after the end of the Subscription Period or in accordance with any restriction mentioned in the Platform Terms.

   Except as expressly permitted under the Platform Terms or otherwise in writing, you will not, either by yourself or through any other person, reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).

3. Restrictions on usage of the Platform: The license granted to you is limited to the purpose defined under the Platform Terms. You shall not use the Platform for any purpose or in any manner other than as expressly permitted under the Platform Terms, and you shall not, either by yourselves or through any other person, do or cause to do, any act or omission that would result in:

   • (a) distribution of any part of the Platform or the Relevel’s IP, through any mode or medium, without Relevel’s prior written authorization.

   • (b) alteration or modification of or tampering with any part of the Platform or result in creation of other derivative works of the Platform or the Services offered therein.

   • (c) reverse engineering, disassembly, or de-compilation of the Platform or any part thereof or result in derivation of the source code of any software included in the Platform or made available to you as part of the Services using means or processes that are deemed unauthorized and/or illegal.

   • (d) accessing or using the Platform in a way intended to avoid incurring fees or exceeding usage limits or quotas.

   • (e) gaining access to another User’s content to which you do not have authorized or legitimate access.

   • (f) circumvention or attempt to circumvent any limitations imposed on your account;

   • (g) probing, scanning, or testing of the vulnerability of any system or network used by Relevel, unless Relevel has given you a prior written authorization.

   • (h) sale of access to the Platform (other than as permitted under the Platform Terms) or sale of any advertising, sponsorship or promotion space on or within the Platform, without Relevel’s prior written approval.

   • (i) use or launch of any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to Relevel’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

   • (j) unauthorized collection or harvesting of any personally identifiable information, including account names, from the Platform, or in unauthorized use of the communication systems provided by the Platform.

   • (k) extraction of any substantial parts of this Platform for re-utilization, including through utilization of any data mining tools, robots, or similar data gathering and extraction tools, without Relevel’s express prior written consent.

   • (l) purchase of search engine or other pay per click keywords (such as Google AdWords), or domain names that use the name ‘Relevel’ or Relevel’s trademarks and/or variations and misspellings thereof.

4. Other terms applicable for your use of the Platform:

   • (a) You agree to receive installs and updates from time to time from Relevel. These updates are designed to improve, enhance, and further develop the Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Relevel to deliver these to you) as part of your use of the Platform.

   • (b) Notwithstanding anything stated to the contrary herein in this section of the Platform Terms, Relevel grants the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Relevel reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard.

   • (c) You may post or submit reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content so submitted or sent is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.

   • (d) When you submit any reviews, comments or testimonials to Relevel including any images, photographs, videos or animation in such reviews, comments or testimonials, Relevel shall have the right to make such reviews comments or testimonials publicly available on its Platform and/or through any other modes, medium, platform or format. By accepting our Platform Terms, you hereby grant Relevel a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, share, display, publish, retain, make available such reviews, comments and/or testimonials on the Platform and/or on any other platform through any other modes, medium, or format.

     You will not misrepresent or embellish the relationship between Relevel and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you). You will not imply any relationship or affiliation between Relevel and you.

F. Your Conduct on the Platform:

Your conduct on the Platform shall strictly be in accordance with the User Guidelines and other Platform Terms.

Further, As a User, you may submit User-generated Content (as defined under the 'Intellectual Property’ section below) on the Platform. However, you must understand that Relevel does not guarantee any confidentiality with respect to any User-generated Content you submit.

You shall be solely responsible for your own User-generated Content and the consequences of submitting and publishing such content on the Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User-generated Content that you submit. You further agree that User-generated Content you submit on the Relevel Platform will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant Relevel the necessary license and rights required under the Platform Terms. You shall solely be responsible for all claims in respect of your User-generated Content published on the Platform.

For clarity, you retain your ownership rights in your User-generated Content. However, you grant a limited license to Relevel to make available the User-generated Content on the Platform. Please read the ‘Intellectual Property’ section below to know the exact nature of license and rights you grant to Relevel.

Furthermore, you confirm that you shall not host, display, upload, modify, publish, transmit, store, update or share User-generated Content or any information on the Platform that:

• (a) belongs to another person and to which you do not have any right;

• (b) is defamatory, obscene, pornographic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

• (c) is harmful to a child;

• (d) infringes any patent, trademark, copyright or other proprietary rights of another;

• (e) violates any law, statue, ordinance or regulation or Platform Terms;

• (f) deceives or misleads any User 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;

• (g) impersonates another person;

• (h) 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 other nation;

• (i) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

• (j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

• (k) False, inaccurate or misleading;

• (l) obscene or contain pornography;

• (m) Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or Personal Information. You understand and confirm that you shall not during your use of the Platform at any time post or publish any content, comments or act in any way which will amount to harassment or discrimination of any other User. If at any given point it comes to Relevel’s notice that you have engaged in any kind of harassment or discrimination of other Users or with any person in association with your use of the Services offered on the Platform , then in such a case you agree that Relevel shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.

Relevel does not endorse any User-generated Content submitted on the Platform by any User, or any opinion, recommendation, or advice expressed therein, and Relevel expressly disclaims any and all liability in connection with User-generated Content. Relevel does not permit copyright infringing activities and infringement of intellectual property rights on the Relevel Platform, and Relevel will remove all User-generated Content if properly notified that such User-generated Content infringes on another’s intellectual property rights in line with its obligations as an ‘intermediary’. Relevel reserves the right to remove User-generated Content without prior notice if it has reason to believe that the User-generated Content is violative of these Terms and Conditions. Please refer to the ‘Claims against use of Third-Party Intellectual Property’ section below to understand the process to notify Relevel about any infringing content and the process of takedown of infringing content followed by Relevel.

You shall not engage in any activity that will negatively impact Relevel and/or other Users of the Platform, including without limitation, activities that involve screen-recording, screen-casting or downloading on any other device of any Course or other content (live or recorded) made available on the Platform for your personal consumption in any manner that is not directly facilitated as feature within the Platform and/or sharing or otherwise publishing such screen-recorded content on third-party platforms, either for a cost or otherwise. If Relevel becomes aware of your engagement, either by yourself or through a third-party, in any such activity, then Relevel may immediately terminate your or such User’s access / Subscription along with termination and removal of access to all downloaded content with a right to initiate appropriate legal action, at the sole discretion of Relevel.

G. Feedback

If any User(s) submits suggestions, ideas, comments, or questions containing product feedback about the Platform or any of the Services, either through the Platform or otherwise (“Feedback”), then such User(s) grants Relevel and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. Users shall have no intellectual property right in the Platform as a result of Relevel’s incorporation of their Feedback in the Platform.

H. Claims against use of Third-Party Intellectual Property:

At Relevel, we respect the intellectual property of others just as much ours and, hence, if you believe that your intellectual property rights or of any person you are aware of , have been used in a way that gives rise to concerns of infringement, then kindly write to us at [email protected] with complete details as required hereunder.

If Relevel has knowledge of or has any reason to believe that any content on the Platform violates the intellectual property rights of Relevel or other Users, then we reserve the right to remove access to such content in accordance with takedown practices specified hereinbelow.

1. COPYRIGHT COMPLAINTS AND TAKEDOWN POLICY: All complaints/ notices of alleged copyright infringements or violations received by Relevel shall be processed, investigated and appropriate actions will be taken in the following manner:

   For all Courses or other content in respect of Services offered by Relevel India, complaints/ notices of alleged copyright infringements or violations received by Relevel shall be dealt with in accordance with the Indian Copyright Act, 1957 (as amended from time to time). If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to Relevel at [email protected] (Subject line: “Copyright: Takedown Request - India”) which contains the information stated hereinbelow. You may also send the said information by mail at: Pilani Experts Technology Private Limited, Maruti Infotech Centre, 5th Floor, B-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, India.

   Please note that by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.

   To be effective, the notification you send to us must be in writing and contain the following information:

   • (a) an electronic or physical signature of you or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

   • (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

   • (c) a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;

   • (d) Your address, telephone number, and email address;

   • (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

   • (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

   Please note that we may send a copy of any infringement claim received to the person whose Course or content was reported by you as infringing, and such person will have the right to respond to your notice in accordance with the applicable laws. Only if we believe to have reasonable grounds that shows proof of any infringement or if there are any court orders, then we will take down the infringing content in accordance with the Platform Terms and applicable laws.

   If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a copyright, you may be held liable for damages and attorneys’/lawyers’ fees.

   (n) Counter-Notice: If you believe that any Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in such Content, you may send a written counter-notice containing the following information to Relevel’s designated agent using any of the methods mentioned under ‘Copyrights Complaint’ section above:

   • (a) Your physical or electronic signature;

   • (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

   • (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

   • (d) Your name, address, telephone number, and email address, a statement that you consent to the applicable jurisdiction of the courts as per the Terms and Conditions, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

   If a counter-notice is received by Relevel, then Relevel will send a copy of the counter-notice to the original complaining party informing that person, that it may replace the removed content or cease disabling it in 10 (ten) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 (ten) to 14 (fourteen) business days or more after receipt of the counter-notice, at our sole discretion.

2. TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS: A product or service branded with the Relevel name or logo is a reflection of Relevel. Unless you are one of our licensees, we don’t allow others to make, sell, or give away anything with our name or logo on it.

   Further, if you believe that your intellectual property rights (other than copyrights) or that of any person you know have been used in a way that gives rise to concerns of infringement, then kindly write to us at [email protected] with a description of the trademark or intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform, and your address, telephone number, and email address.

3. REPEAT INFRINGER POLICY: Relevel has adopted a policy of terminating users who are deemed to be repeat infringers, in appropriate circumstances and at Relevel’s sole discretion. Relevel may also at its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringes any intellectual property rights of others, whether or not there is any repeat infringement. Further, we reserve the right to remove access to any content that we know, or have reason to know, violates the intellectual property rights of Relevel or other Users.

4. DESIGNATED COPYRIGHT AGENT:

   Legal Department, Relevel

   Email ID: [email protected]

I. Relevel’s Rights:

In respect of the entire Platform, Relevel reserves the following rights:

1. Relevel reserves the right to put on-hold or reject or suspend or terminate your registration on the Platform for the purpose of complying with the legal and regulatory requirements.

2. Relevel reserves the right to remove you without notice if you violate any provisions of the Platform Terms.

3. Relevel may modify, terminate, or refuse to provide Services at any time for any reason, without notice.

4. Relevel reserves the right to access your account in order to respond to requests for technical support, to maintain the safety and security of the Platform, legal purposes and for other legitimate business purposes, as necessary, in Relevel’s discretion.

5. Relevel has no obligation to review any conduct occurring through the Platform, however, if Relevel receives notice or becomes aware of, any violation of the Platform Terms, then, Relevel reserves the right to refuse your access to the Platform, terminate accounts or remove such violating content at any time without notice to you.

J. Communications:

When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid phone number while creating any account with us or while enrolling or purchasing any Subscription Service. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize Relevel, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls, or such other mode of communication with respect to your use of the Platform and regarding the products and services offered by Relevel and its affiliates. These communications may be made by or on behalf of Relevel, even if your phone number is registered on any state or federal do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may have levied certain charges on you vis-à-vis your communications with Relevel as it constitutes availing their services, and you agree to be responsible for all such charges, and Relevel will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by Relevel and / or its affiliates either by following the relevant instructions that may be communicated via text, email or such other mode of communication in which you received a promotional communication or by disabling the options provided within your account on the Platform.

Please note that –

1. If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below by using the option enabled within the Platform; and

2. opting out of promotional communications only affects future communications from us. If we have already provided your information to a third party (as stated in our Privacy Policy) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.

3. We do not sell your Personal Information to third parties, and we do not use your name or name of your company in marketing statements without your consent, which may be taken by way of your acceptance to the Platform Terms.

K. Processing of Personal Information:

All our collection, processing, sharing and storing of any Personal Information collected from you shall be in accordance with our Privacy Policy. Kindly read the same to understand the security measures undertaken by Relevel to safeguard your Personal Information. Should have any queries in respect of the same, please feel free to right to us at [email protected].

L. Platform Availability:

Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Relevel will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.

M. Pricing, Payments, and Refunds:

1. Pricing and Payments: You can purchase a Subscription Service of your choice for any Course or Services offered, by following instructions on the Platform and making the payment applicable for the Subscription you intend to purchase.

   Please read the below terms applicable for the purchase of your Platform Subscription. The below terms are to be read with any other terms communicated to you at the time of purchase of your Subscription:

   • (a) You agree to pay all Subscription fees and charges that are attributable to your account on the Platform and that you are solely responsible for payment of these fees and charges. The Subscriptions are payable in full and in advance and are valid until the completion of the applicable Subscription Period or until otherwise cancelled or terminated in accordance with the terms of this Agreement.

   • (b) If you have not completed payments for your Subscriptions, we may restrict / suspend your access to the Platform until your account becomes current and paid in full.

   • (c) We reserve the right to pursue the fee owed to us using collection methods which may include charging other payment methods on file with us and/or retaining collection agencies or legal counsel.

   • (d) The entity within the Relevel group to which your payments will be made will be on the basis of Annexure A.

   • (e) Your payments to Relevel shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ purchased the underlying Subscriptions.

   • (f) We reserve the right to change/revise the pricing of the Subscriptions for the Courses.

   • (g) We further reserve the right to offer custom plans and pricing (including discounts and / or special offers) in addition to what is offered on the Platform, which include offering custom billing and payment terms, that are different from our standard terms.

   • (h) We use third-party payment gateways and/or aggregators to process payments applicable to the Services offered by us. Third-party payment gateway(s) made available to you may vary depending on the Subscription you choose. Similarly, we have also enabled integration of third-party payment providers to facilitate better payment options to you, which may vary depending on your territory or the Subscription you choose. Third-party payment gateways/aggregators and third-party payment providers shall collectively be referred to as “Third-Party Service Providers”.

     Third-Party Service Providers may also charge you fees to use or access their services and may require your Personal Information to complete any transaction for the Platform. Further, to facilitate completion of your payments to us through the Platform or avail the payment options provided to you, you may be redirected to an external website operated by the Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third-Party Service Provider or its respective websites or (ii) control collection or use of your Personal Information by such Third-Party Service Provider. Hence, prior to using any services offered by a Third-Party Service Provider, we suggest that you read their terms and conditions, privacy policy and other policies, that may apply, to understand their terms of usage and to understand how your Personal information is being processed. Relevel is not affiliated to any Third-Party Service Provider and neither Relevel nor any of the Third-Party Service Provider are agents or employees of the other.

     Further, pursuant to the payment option you may choose, you may be required to enter into a separate agreement with the relevant Third-Party Service Provider, including but not limited to Non-Banking Financial Company/ies (“NBFC”/ “NBFCs”) and credit service providers. This agreement with the Third-Party Service Provider is an independent contract/agreement between you and such Third-Party Service Provider and Relevel shall in no manner be a party to the same and/or have any control in relation to the terms and conditions being offered to you by such Third-Party Service Provider. Relevel only connects such Third-Party Service Providers with you and is not responsible for the service offerings offered by such Third-Party Service Providers to you.

   • (i) You agree that you are solely responsible for all charges that occur through such Third-Party Service Providers and acknowledge and agree to indemnify, defend, and hold harmless Relevel, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any loss arising out of or related to the use of the Platform or any purchases made through the Platform. This obligation will survive your use of the Platform and termination of your Agreement with us. For purposes of the Platform Terms, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs, and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties). Relevel shall not be liable to you for any claims arising out of any act or omission on the part of the Third-Party Service Provider(s) including, but not limited to, any lost, stolen, or incorrectly processed payments. Relevel expressly disclaims any responsibility and liability for all services provided by the Third-Party Service Provider(s).

   • (j) Please note that all Subscription payments are collected by Relevel only through the Platform and not through any third parties (except Third-Party Service Provider(s)). We do not usually authorize any third party (except Third-Party Service Provider(s)) to collect monies on our behalf; however, if we have authorized any third party then such third party will have received a written authorization from Relevel either by way of any agreement or an authorization letter. Kindly verify with such third party before you make any payments to them, alternatively, you can always check with us by writing to us at email address provided under the ‘Contact for User Support/Queries’ section below.

   • (k) Further, Relevel is solely authorized to offer discounts/offers, if any, on the Subscription prices. These discounts/offers are communicated on the Platform or via direct communication to you from Relevel via email, SMS, phone, or such other means of communication, and can be availed only through the Platform, unless otherwise specifically communicated by Relevel. Other than Relevel, no person is allowed to offer any discounts on the Subscription prices offered on the Platform. Relevel shall not be liable for any claims arising from such unauthorized discounts/offers offered by any person other than Relevel.

2. Cancellation and Refund Policy:

   You may cancel your Subscription through your account on the Platform (if available). However, please note that there shall be no refund of the fee already paid for the same, unless otherwise specified in the Refund Policy. So, please read these Terms of Service and the Refund Policy carefully before purchasing any Subscription.

   When you cancel your Subscription, Relevel may disable access to features made available to you upon your purchase of Subscription, while your account may continue to exist on the Platform.

N. Deletion of Account:

You may delete your account at any time by either writing to us from your registered email id at the email address provided under the 'Contact for User Support/Queries' section below or by using the delete option provided within your account on the Platform (if available). If your account is deleted (regardless of the reason), you will no longer have access to your account on the Platform and your Courses or Services you have subscribed to may no longer be available; any deletion once processed is irrecoverable. Relevel is not responsible for the loss of your information upon deletion and Relevel shall not be liable to any party in any way for the inability to access the Courses or Services arising from any deletion. Please note that all accounts will remain active unless you explicitly ask us to delete it) or otherwise terminated in accordance with the Platform Terms.

Please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform.

O. Disclaimer:

YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RELEVEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, RELEVEL EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, CONTENT ON THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE PLATFORM OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. RELEVEL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RELEVEL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF ANY SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

P. Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RELEVEL, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY OTHER CONTENT AVAILABLE AT RELEVEL, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR RELEVEL PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE RELEVEL PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR RELEVEL PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE PLATFORM OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RELEVEL PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RELEVEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, RELEVEL AND ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE RELEVEL PLATFORM AGAIN.

YOU SPECIFICALLY ACKNOWLEDGE THAT RELEVEL SHALL NOT BE LIABLE FOR ANY CONTENT MADE AVAILABLE BY OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF, ANY THIRD PARTY.

THE RELEVEL PLATFORM IS CONTROLLED AND OFFERED BY RELEVEL AND / OR ITS AFFILIATES DEPENDING UPON YOUR JURISDICTION. RELEVEL MAKES NO REPRESENTATIONS THAT THE RELEVEL PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE RELEVEL PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Q. Indemnity and Release:

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Relevel, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Relevel Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) violation of any applicable laws. This defense and indemnification obligation will survive these Terms of Service and your use of the Relevel Platform.

You hereby expressly release Relevel, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of Relevel, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.

R. OFAC (Office of Foreign Asset Control):

You represent and warrant that you are not, nor are you owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury's Office of Foreign Asset Control ("OFAC" ), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person", terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a ("Prohibited Person"); (ii) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) you (and any person, group, or entity which you control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) you are not prohibited by any sanctions program as maintained by OFAC from transacting with Relevel, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.

S. California Civil Code Section 1789.3:

Californian Users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected].

T. Applicable Law and Jurisdiction:

The applicable law and jurisdiction is dependent upon which entity forming part of the Relevel group is offering you the Platform and the Services, which in turn is dependent upon the Subscription chosen by you. Illustratively, for Services provisioned in and from India, Relevel India shall be the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.

U. General Provisions:

1. Legal Notices: In the event of any other disputes or claims arising from the use of the Relevel Platform, please get in touch with us at [email protected].

2. Modification, Amendment or Termination: Relevel may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep yourself updated with the most recent updates.

3. Force Majeure: Relevel shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.

4. Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing and sent to the registered office of Relevel. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

V. Contact for User Support/Queries:

For queries relating to Services offered by Relevel India, please write to us at [email protected].

W. Consumer Grievances:

Nodal Officer Details –
Name: Karthikeyan Srinivasan
Contact: [email protected]

Grievance Officer Details –
Name: Karthikeyan Srinivasan
Contact: [email protected]

X. Contact Us:

If you have concerns or queries regarding the Platform Terms, you may write to us by email at [email protected] or by post to:

Pilani Experts Technology Private Limited,
Maruti Infotech Centre, 5th Floor, B-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, India.

ANNEXURE A

1. All Services offered on the Platform are provisioned by Pilani Experts Technology Labs Private Limited. (Relevel India), Maruti Infotech Centre, 5th Floor, B-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, India.

Last Updated on 08/09/2022

These terms and conditions (“Company Partner Terms”), are between Relevel and you or the entity you represent (“you” or “your” or “Company”).

When we speak of “Relevel”, “we”, “us”, and “our”, we collectively refer to Pilani Experts Technology Labs Private Limited – a company incorporated in India and all its affiliates which have licence or authority to enter into this Agreement with you. Kindly refer to the Principal Terms (defined below) executed between you and Relevel to know which Relevel entity your Agreement is with.

Relevel and the Company are hereinafter referred to as “Party” individually and collectively as “Parties”, where applicable.

1. ABOUT RELEVEL

   1.1. Relevel Platform (defined below) is, inter alia, an online skills assessment and hiring platform allows job-aspirants (“Candidates”) to showcase their skills through Tests (defined below) and provides companies easy access to source and select the best of candidates, pre-assessed on their aptitude, competencies, and skills. Relevel also displays the internal rankings of Candidates on Platform based on the Test (defined below) scores and potential recruiters (“Recruiters”) may use these rankings to hire the Candidates for internal roles in their organization.

   1.2. Relevel conducts tests in various job categories on the Platform, which is intended to assess a Candidate’s real-world job skills required for a job category (which include without limitation, personality traits, cognitive ability, communication, and technical skills, etc.) (“Test(s)”); Candidates are graded based on their overall performance and the Candidates who achieve the required grades may have an opportunity to be interviewed by Recruiters for a job in the category they have tested for, or in any other category (subject to the Recruiters’ and Candidates’ approval for the same) (“Placement(s)”). To know the terms and conditions applicable for the Tests and subsequent Placement opportunities, please read our Relevel Test and Placement Terms.

   1.3. For more information on the services offered on the ‘Relevel Platform’ please visit the Platform and also read the Relevel Platform’s Terms of Service.

2. ENTIRE AGREEMENT

   2.1. Our agreements with you are structured as below and all of them are read together to form one document:

   • (a) The principal terms of engagement (“Principal Terms”) contain basic information and the commercial arrangement between you and Relevel, and is executed between the Parties as stated hereinbelow.

   • (b) These Company Partner Terms contain all general terms and conditions that govern your arrangement with Relevel and is included in the Principal Terms by reference.

   2.2. The Principal Terms and these Company Partner Terms along with their respective annexures, schedules, letters, addendums, amendments, shall collectively form one agreement (collectively the “Agreement”).

   2.3. Your acceptance of the Principal Terms shall be deemed as acceptance to these Company Partner Terms. Hence, you are requested to read these Company Partner Terms (as may be updated by us from time to time) carefully and thoroughly as it will govern your agreement with Relevel. Relevel shall, on a best-efforts basis, endeavour to send a notification to you on your registered email address regarding any updates or changes to these Company Partner Terms, however, you must periodically visit the above link and read the Company Partner Terms.

   2.4. This agreement is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and is generated by a computer system and does not require any physical or digital signatures.

   2.5. The Agreement will become effective from the date specified as the effective date/start date under the Principal Terms (“Effective Date”), unless otherwise stated therein.

   2.6. The Agreement supersedes all prior written or oral and all contemporaneous oral agreements, understandings (including any prior MoU), and negotiations with respect to the subject hereof.

3. DEFINITIONS

   3.1. “Affiliate” with respect to a specified entity, an entity that directly or indirectly through one or more intermediaries, is controlled by a Party, in each case where the term "control" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise.

   3.2. “Relevel Platform” or “Platform” shall mean and include https://Relevel.com/ (the “Site”), the mobile application(s) (the “Application”) and any features, subdomains, content (except as specified in the Relevel Platform’s Terms of Service), functionality, products, services, media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device.

4. SCOPE OF ARRANGEMENT

   4.1. The Company wishes to be listed as a Recruiter on the Platform to source talent for its organization based on the Test-based rankings of the Candidates on the Platform.

   4.2. The Company shall be required to create a profile on the Platform wherein the name and logo of the Company shall be displayed as a Recruiter. Consideration, if any, applicable for the services offered to the Company pursuant to this Agreement shall be specified in the Principal Terms.

   4.3. In the process of creating the profile on the Platform, the Company may be required to disclose information including but not limited to the job role, qualifications, and selection criteria. Such information will be mandatorily required to be disclosed by the Company to enable it to use the Platform and may be subject to change, from time to time, at the sole discretion of Relevel. It is clarified that the profile of the Company and details of the job vacancies will not be Confidential Information (as defined below) and will be used for publication on the Platform and other media.

   4.4. The Company hereby agrees and accepts that display of its logo and brand name on (i) the Platform; and (ii) all marketing and promotional material of Relevel, is an essential part of Relevel rendering its services on the Platform and the Company hereby grants to Relevel a non-exclusive, perpetual, and irrevocable license to use its logo and brand name in connection with this clause.

   4.5. The Company hereby agrees and acknowledges that Relevel makes no representation on the background, credentials and qualification of the Candidates and that Relevel shall only be responsible for displaying and providing the Test-based internal rankings and scores and the Company agrees that it shall carry out its own internal due-diligence and verification of the Candidates it wishes to employ.

   4.6. The Company further agrees and acknowledges that Relevel will not be required to disclose any internal metrics, algorithms and/or know-how regarding the Platform and that Relevel may, disclose the Tests scores and rankings with the Company.

   4.7. The Company hereby agrees to inform Relevel regarding offers made to any Candidate along with the joining date of the Candidate. It is hereby clarified that in the event the Candidate does not join the Company on the appointed date after signing the offer letter or leaves the employment of the Company, Relevel will not be liable in any manner to the Company.

5. CONFIDENTIAL INFORMATION

   5.1. The Receiving Party hereby acknowledges that it may receive proprietary information of the Disclosing Party and except to the extent required by law, the Receiving Party hereby agrees to hold in full confidence, and shall ensure that their respective employees, consultants, sub-contractors, representatives, agents (“Representatives”), shall hold in full confidence, all information, documents, data, proprietary information of the Disclosing Party, correspondence, and communication sent, exchanged or disclosed by the Disclosing Party and all such information and documents marked by the Disclosing Party as “confidential” (“Confidential Information”) to the same extent and with at least the same degree of care as the Receiving Party protects its own confidential or proprietary information of like kind and import, but in no event using less than a reasonable degree of care disclose to any third party the existence.

   5.2. The Receiving Party can disclose Confidential Information only where it is (i) required by applicable law; (ii) required by any government authority; and (iii) to its Representatives only on need-to-know basis.

   5.3. This paragraph shall not apply to information that is:

   • (a) already lawfully available in the public domain; or

   • (b) lawfully known to the Receiving Party at the time of disclosure; or

   • (c) lawfully obtained by the Receiving Party on a non-confidential basis from a third party.

   5.4. Upon termination or expiration of the Term, each Receiving Party shall return or destroy all the Confidential Information kept in its possession, back to the Disclosing Party and furnish a proof of such destruction of the Confidential Information. For any Confidential Information, which is not commercially practicable to be returned or destroyed shall continue to be bound by this obligation of confidentiality post expiration of the Term and to that effect, this Confidentiality clause shall survive the expiration of the Term.

6. OBLIGATION AND RIGHTS OF PARTIES

   6.1. Each Party will continue to own all copyrights, patents, trademarks, service marks, trade secrets and other proprietary rights that such Party owned immediately prior to the Effective Date.

   6.2. Relevel offers no guarantee or warranty that the Company will receive a satisfactory response to the job description posted by it.

   6.3. Relevel shall not be held liable for any information received by the Candidates and/or the Company and it shall be the sole responsibility of the Company to conduct its own independent KYC checks and background verification for each of the Candidates it wishes to hire.

   6.4. The Company hereby represents to Relevel that the job vacancies which the Company will post are genuine and that the Company has the authority to seek applications from Candidates for these jobs.

   6.5. Relevel reserves the right to change the look, feel and design, of the Platform at any time and the processes and parameters for shortlisting the Candidates for the job descriptions, without assigning any reason or giving any prior notice to the Company in this regard.

   6.6. By providing Relevel with a job description, the Company confirms that it has obtained all necessary licences, permits, approvals are necessary for it to seek and recruit Candidates and to indemnify Relevel for all claims, damages, losses arising in relation to the same.

   6.7. By accepting these Company Partner Terms you understand and acknowledge that all information provided by you in relation to the job vacancy shall be displayed on the Platform and shared with such Candidates as Relevel may deem fit. Further, by accepting these Company Partner Terms, you agree and acknowledge that the Company shall ensure that all information, data including candidate profiles shall be dealt with by the Company as per Relevel’s Privacy Policy.
   

7. MISCELLANEOUS

   7.1. Governing Law and Dispute Resolution: The Agreement shall be governed by and construed in accordance with the laws of India, without reference to principles of conflict of laws. In the event of any dispute arising out of, under, or in relation to, this Agreement, the Parties agree to submit such dispute to arbitration by a sole arbitrator appointed jointly by both Parties, failing which such arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in accordance with the rules framed under the provisions of the Arbitration and Conciliation Act, 1996 (which rules are deemed to be incorporated in this Agreement by reference herein) and shall be held in Bangalore. All proceedings of such arbitration shall be in the English language. The arbitral awards rendered shall be final and binding and shall not be subject to any form of appeal. The successful Party may seek to enforce the award in an appropriate jurisdiction, including India. Each Party shall bear its own costs and expenses, incurred in connection with the arbitration proceedings. Nothing herein shall preclude either Party from seeking interim or permanent equitable or injunctive relief, or both, from the courts at Bangalore, India which shall have exclusive jurisdiction to determine any dispute arising under this Agreement. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the Parties to pursue any remedy for monetary damages through the arbitration.

   7.2. Notices and Communications: All notices and other communications shall be addressed to addresses set forth below and followed by an email duly evidenced by return acknowledgement.

   Relevel:
   Pilani Experts Technology Labs Private Limited
   Attn.: Karthikeyan S
   Email: [email protected]

   Company:
   As mentioned in the Principal Terms

   7.3. Assignment: Neither Party shall assign nor otherwise transfer any of its rights or obligations under the Agreement, in whole or in part, without the prior written approval from the other Party. Provided that, Relevel shall be entitled to assign its rights and obligations to any of its Affiliates.

   7.4. Amendments: No variation in the terms of the Agreement shall be binding on the Parties hereto unless such variation has been first accepted in writing by all the Parties or their duly authorized representatives.

   7.5. Severability: The invalidity or unenforceability of any provision in the Agreement shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity or unenforceability of any provision of the Agreement, the Parties will immediately negotiate in good faith to replace such a provision with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.

   7.6. No Agency: The relationship between the Parties shall be on a principal-to-principal basis and nothing contained in the Agreement shall create, constitute, or evidence any partnership, agency, joint venture, trust or employer/employee relationship between the Parties and a Party may not make, or allow to be made, any representation that such relationship exists between the Parties.

   7.7. Survival: Any provision of the Agreement, which by its very nature survives termination or expiration of the Agreement will survive termination or expiration of the Agreement and continue in full force and effect.

   7.8. Force Majeure: Neither Party shall be liable to the other Party for any delay or non-performance of its obligations under the Agreement arising from any cause or causes beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute, armed hostilities, act of terrorism, revolution, blockade, embargo, strike, lock-out, sit-in, pandemic or epidemic, regulatory intervention or such other cause which is beyond the control of such Party and directly affects the ability of such Party to perform its obligations under the Agreement.

Last Updated on 08/09/2022

These terms and conditions (“Institute Partner Terms”) apply to all universities, academic institutes and colleges that are associated with Relevel (as defined below) for the purposes described under these Institute Partner Terms (“Institute Partners”). Accordingly, these Institute Partner Terms are between Relevel and you or the entity you represent (“you” or “your” or “Institute Partner”).

When we speak of “Relevel”, “we”, “us”, and “our”, we collectively refer to Pilani Experts Technology Labs Private Limited — a company incorporated in India and all its affiliates which have license or authority to enter into this agreement with you. Kindly refer to the Principal Terms (defined below) executed between you and Relevel to know which Relevel entity your Agreement is with.

Relevel and the Institute Partner are hereinafter referred to as “Party” individually and collectively as “Parties”, where applicable.

1. ABOUT RELEVEL

   1.1. Relevel Platform (defined below) is, inter alia, an online skills assessment and hiring platform allows job-aspirants to showcase their skills through Tests (defined below) and provides companies easy access to source and select the best of candidates, pre-assessed on their aptitude, competencies, and skills.

   1.2. Relevel conducts tests in various job categories on the Relevel Platform, which is intended to assess a Test-taker’s real-world job skills required for a job category (which include without limitation, personality traits, cognitive ability, communication, and technical skills, etc.) (“Test(s)”); Test-takers are graded based on their overall performance and the Test-takers who achieve the required grades may have an opportunity to be interviewed for a job in the category they have tested for, or in any other category (subject to companies’ and Test-takers’ approval for the same) by various companies registered with the Relevel Platform (“Placement(s)”). To know the terms and conditions applicable for the Tests and subsequent Placement opportunities, please read our Relevel Test and Placement Terms.

   1.3. Further, the Relevel Platform offers various content, including content that help Test-takers prepare for the Tests; the content offered may be in various formats including without limitation audio-visuals, audio, pre-recorded audio-visuals, live audio-visuals and/or in written form in a diverse range of categories through various modes and means (“Course(s)”). Relevel may also offer, either directly or indirectly (through other third-party platforms), other incidental and ancillary services which may include without limitation question banks, mock tests, live mentorship, contests, webinars and events (physical and/or online).

   1.4. For more information on the services offered on the ‘Relevel Platform’ please visit the Relevel Platform and also read the Relevel Platform’s Terms of Service.

   1.5. In India, the Relevel Platform is owned, managed, operated and offered by Pilani Experts Technology Labs Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its registered office Maruti Infotech Centre, 5th Floor, B-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, India (“Relevel India”). In any jurisdiction other than India, wherever services are rendered through the Platform, the same is offered by Relevel India and/or its affiliates (as relevant pursuant to appropriate intra-group contractual arrangements). For knowing with which entity of Relevel your agreement will be, please refer the Principal Terms (as defined below) executed between you and Relevel.

2. ENTIRE AGREEMENT

   2.1. Our agreements with you are structured as below and all of them are read together to form one document:

   • (a) The principal terms of engagement (“Principal Terms”) contain basic information and the commercial arrangement between you and Relevel, and is executed between the Parties as stated hereinbelow.

   • (b) These Institute Partner Terms contain all general terms and conditions that govern your arrangement with Relevel and is included in the Principal Terms by reference.

   2.2. The Principal Terms and these Institute Partner Terms along with their respective annexures, schedules, letters, addendums, amendments, shall collectively form one agreement (collectively the “Agreement”).

   2.3. The Agreement is executed in an electronic form and your acceptance of the Principal Terms shall be deemed as acceptance to these Institute Partner Terms. Hence, you are requested to read these Institute Partner Terms (as may be updated by us from time to time) carefully and thoroughly as it will govern your agreement with Relevel. Relevel shall, on a best-efforts basis, endeavour to send a notification to you on your registered email address regarding any updates or changes to these Institute Partner Terms, however, you must periodically visit the above link and read the Institute Partner Terms.

   2.4. The Agreement will become effective from the date specified as the effective date/start date under the Principal Terms (“Effective Date”), unless otherwise stated therein.

   2.5. Your partnership with Relevel is conditional upon your compliance with and acceptance of these Institute Partner Terms and the execution of the Principal Terms.

   2.6. You are requested to read these Institute Partner Terms (as may be updated by us from time to time) carefully and thoroughly as it will govern your partnership with Relevel. Relevel shall, on a best-efforts basis, endeavour to send a notification to you on your registered email (as set out below) regarding any updates or changes to these Institute Partner Terms, however, you must periodically visit the above link and read the Institute Partner Terms.

   2.7). The Agreement supersedes all prior written or oral and all contemporaneous oral agreements, understandings (including any prior memorandum of understanding), and negotiations with respect to the subject matter hereof.

3. DEFINITIONS

   3.1. The following definitions govern the meanings of the capitalized terms used in these Institute Partner Terms:

   • (a) “Applicable Law(s)” shall mean any statute, law, regulation, ordinance, rule, judgement, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of the foregoing, by any authority having jurisdiction over the matter in question.

   • (b) “Approvals” shall mean permissions, consents, approvals, registrations, licences, and other authorizations required to be obtained by the Institute Partner from any government and/or regulatory authorities for the purposes of carrying out its business as an educational institution as per Applicable Law(s).

   • (c) “Affiliate” shall mean means, with respect to a specified entity, an entity that directly or indirectly through one or more intermediaries, is controlled by a Person, in each case where the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract interest or otherwise and in case of an individual, a relative of such individual.

   • (d) “Brands” shall mean the trademarks, trade dress, labels, name, signature, packaging, graphic design, word, letter, numeral, the shape of goods, or combination of colours or any combination of the foregoing adopted by or belonging to Relevel for the provision of its services.

   • (e) “Candidates” shall mean the students of the educational or vocational institutions being run by the Institute Partner, that have expressed interest in Relevel’s products and service offerings.

   • (f) “Intellectual Property” shall include all forms of intellectual property, whether registered or unregistered, and shall include any legally protectable product or process of the human intellect whether registrable as trademarks, copyrights, designs or otherwise, such as a discovery, process, expression or literary creation, unique name, business method, schematics, database, industrial process, computer program, source code, process, presentation, whether belonging to Relevel, its affiliates or its collaborators and includes the Brands.

   • (g) “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under any law.

   • (h) “Relevel Platform / Platform” shall mean and include https://Relevel.com/ (“Website”), the mobile application(s) (the “Application”) and any features, subdomains, content (except as specified in the Terms of Service), functionality, products, services, media, applications, or solutions offered on or through the Website and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device.

   • (i) “Term” means the duration of partnership of the Institute Partner with Relevel as set out in the Principal Terms.

4. SCOPE OF PARTNERSHIP

   4.1. You have agreed to partner with Relevel to promote the Courses and Tests available on the Relevel Platform, among the students enrolled at the educational or vocational institutions being run by the Institute Partner.

   4.2. Relevel has agreed to (i) provide upskilling training to the Candidates through the Courses; and (ii) assess the Candidates for Placement readiness through the Tests to enable desirable Placements.

   4.3. Institute Partner hereby agrees and acknowledges that all the Intellectual Property rights that are owned/licensed to Relevel solely and exclusively belong to Relevel and shall always be the exclusive property of Relevel and no license or assignment of any sort whatsoever is being granted or given to the Institute Partner under these Institute Partner Terms.

5. RESPONSIBILITIES AND COVENANTS OF RELEVEL

   5.1. Relevel shall, periodically and as requested by the Institute Partner, share the details regarding the categories of Tests and the syllabus for each Test category with the Institute Partner.

   5.2. Relevel shall, periodically and as requested by the Institute Partner, share the promotional information and other relevant marketing material with the Institute Partner, for it to be shared with the Candidates.

   5.3. Book the Test slots for the Candidates to ensure smooth Test(s) experience.

   5.4. Share the Test report with the Institute Partner, within 5 (five) working days following the Test(s).

   5.5. Conduct a session with you to help you understand the performance of the Candidates in the Test.

   5.6) Help the Candidates with upskilling and make them a better fit for the job market by giving them access to Relevel’s offerings.

6. RESPONSIBILITIES AND COVENANTS OF THE INSTITUTE PARTNER

   6.1. Immediately upon request from Relevel, share the following details with Relevel:

   • (a) Candidates’ name

   • (b) Candidates’ phone number

   • (c) Candidates’ email address

   • (d) Candidates’ course of study

   • (e) Candidates’ year of graduation

   • (f) Candidates’ preference on the Test category

   6.2. Communicate the Candidates’ proposed Test date with Relevel to enable Relevel to book the Test slots.

   6.3. Promote the Tests and Courses and other offerings by Relevel among the Candidates.

   6.4. Ensure that 100% of the Candidates registered on the Relevel platform take the Test.

   6.5. Arrange for a “Performance Analysis” session.

   6.6. Ensure it will share all the information with Relevel, as may be requested by Relevel in furtherance of the objective of these Institute Partner Terms.

   6.7. The Institute Partner hereby agrees and acknowledges that it shall not be entitled to receive any fee/compensation from Relevel under this Agreement. Consideration, if any, applicable for the services offered by Relevel to the Institute Partner pursuant to this Agreement shall be specified in the Principal Terms.

   6.8. The Institute Partner hereby agrees and acknowledges that Relevel shall have the right to use the name of the Institute Partner in all Relevel’s promotional and marketing material and in this respect, the Institute Partner hereby grants to Relevel a non-exclusive, irrevocable and perpetual license to use its name, brand and logo for the limited purpose as specified in this Agreement.

7. CONFIDENTIAL INFORMATION

   7.1. The Institute Partner acknowledges that the Institute Partner shall receive proprietary information of Relevel and except to the extent required by law, the Institute Partner hereby agrees to hold in full confidence, and shall ensure that the employees, consultants, sub-contractors, representatives, agents (“Representatives”), shall hold in full confidence, all information, documents, data, proprietary information of Relevel, correspondence, and communication sent, exchanged or disclosed by Relevel and all such information and documents marked by Relevel as “confidential” (“Confidential Information”) to the same extent and with at least the same degree of care as the Institute Partner protects its own confidential or proprietary information of like kind and import, but in no event using less than a reasonable degree of care disclose to any third party the existence.

   7.2. The Institute Partner may disclose Confidential Information only where it is (i) required by applicable law; (ii) required by any government authority; and (iii) to its Representatives only on need-to-know basis.

   7.3. This paragraph shall not apply to information that is:

   • (a) already lawfully available in the public domain; or

   • (b) lawfully known to the Institute Partner at the time of disclosure; or

   • (c) lawfully obtained by the Institute Partner on a non-confidential basis from a third party.

   7.4. Upon termination or expiration of the Institute Partner’s partnership with Relevel, the Institute Partner shall return or destroy all the Confidential Information kept in its possession, back to Relevel and furnish a proof of such destruction of the Confidential Information. For any Confidential Information, which is not commercially practicable to be returned or destroyed shall continue to be bound by this obligation of confidentiality post expiration of the Term.

8. REPRESENTATIONS AND WARRANTIES

   The Institute Partner represents and warrants to Relevel that:

   • (a) all information provided to Relevel by the Institute Partner (including the registered email address, bank account details) and the statements made by the Institute Partner as representations and warranties whether in writing hereunder or orally, during discussions with Relevel, are true, complete and accurate; and

   • (b) it has all the requisite Approvals to operate as an educational institution;

9. MISCELLANEOUS

   9.1. The Institute Partner shall not have the right or ability to assign, transfer or subcontract any rights or obligations under these Institute Partner Terms without the written consent of Relevel. Any attempt to do so shall be void.

   9.2. All notices shall be in writing and shall be deemed given when an email is delivered to the email address of the Institute Partner as communicated to Relevel.

   9.3. Notwithstanding any provision hereof, the Institute Partner will not be construed to be an employee, agent, partner or joint venture partner of Relevel or any of its Affiliates and shall not bind nor attempt to bind Relevel to any contract.

   9.4. Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of India, without reference to principles of conflict of laws. In the event of any dispute arising out of, under, or in relation to, this Agreement, the Parties agree to submit such dispute to arbitration by a sole arbitrator appointed jointly by both Parties, failing which such arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in accordance with the rules framed under the provisions of the Arbitration and Conciliation Act, 1996 (which rules are deemed to be incorporated in this Agreement by reference herein) and shall be held in Bangalore. All proceedings of such arbitration shall be in the English language. The arbitral awards rendered shall be final and binding and shall not be subject to any form of appeal. The successful Party may seek to enforce the award in an appropriate jurisdiction, including India. Each Party shall bear their own costs and expenses, incurred in connection with the arbitration proceedings. Nothing herein shall preclude either Party from seeking interim or permanent equitable or injunctive relief, or both, from the courts at Bangalore, India which shall have exclusive jurisdiction to determine any dispute arising under this Agreement. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the Parties to pursue any remedy for monetary damages through the arbitration.

   9.5. In case of questions or clarifications, please reach out to Relevel at [email protected]
   
   Last Updated on 08/09/2022