ACCEPTANCE OF TERMS
Alaap Projects Private Limited (hereinafter referred to as Alaap, an expression unless repugnant to the context thereof, thereof shall be deemed to mean and include your successors, executors, liquidators, and assigns) welcomes you. Alaap provides services of different nature, described below, subject to the following terms and conditions, which may be updated by Alaap from time to time without notice to you. The most recent update of the Terms and Conditions may be viewed on clicking the Terms and Conditions link located on the bottom of the page of the website, http://www.alaap.biz . By accessing, or viewing, or subscribing to any of the various services on the website, you shall unconditionally accept and agree to be governed by the terms and conditions as mentioned in this document. You may also be required to agree to some additional terms may be applicable to you, which would be relevant to the specific service that you choose to subscribe to.
Alaap provides users with access to an extensive collection of well researched voice and accent resources, including but without limitation, various communications tools, forums, purchase mechanisms, search services, highly customized and personalized content that may include recorded accent training files, and branded programming through its website which may be accessed through various medium or devices now known or hereafter developed, which are collectively referred to as the Alaap Services. You also understand and agree that the Alaap services may include advertisements and that these advertisements are at sole discretion of Alaap. You also understand and agree that the Alaap services may include certain communications from Alaap, such as service announcements, new products, addition of new countries to the list of locations where Alaap can provide services, administrative messages and newsletter, and that these communications are considered part of Alaap membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Alaap services, including the release of new programs, shall be subject to this terms and conditions. You understand and agree that the Alaap services are provided on a as-is basis and that Alaap assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or respond to any user communications or personalization settings. You are responsible for obtaining access to the Alaap services, and that access may involve third-party fees such as Internet service provider fees, or airtime charges. You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Alaap services. You understand that the technical processing and transmission of the Alaap services, including your content or program, may involve transmission over various networks; and may change to conform and adapt to technical requirements of connecting networks or devices.
In consideration of your use of the Alaap services, you represent that you are of legal age to form a binding contract, are of 18 years or older age, or are of such age that is legally permitted to enter into a binding contract under the laws that govern you, whichever is higher and are not a person barred from receiving the Alaap services under the laws of the Republic of India, or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as requested by the Alaap registration form, and agree to maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Alaap has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Alaap has the right to suspend or terminate your account and refuse any and all current or future use of the Alaap services or any portion thereof. Alaap is concerned about the safety and privacy of all its users. Alaap websiyte has no content addressed to or in its opinion, relevant to needs of any person below 18 years of age, and hence, strongly advises such young individuals to refrain from trying to use the website.
Alaap treats your personal data with respect. Alaap hereby warrants that it shall not use the information provided herein to gain a commercial benefit by disclosing the content about the information provided either singly, or in a collective aggregate by transacting with any third party. However, in case any appropriate government authority, subject to such empowerment as is provided by the governing laws, or at the request of appropriate authorities, who in the sole opinion of Alaap or its advisors, may have a justifiable request for access to the information, makes such a request, then the requesting agency shall be provided with the data provided by you herein, without any notice to you.
You will receive a password upon completing the Alaap registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Alaap of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Alaap cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to not use the Alaap programs or services to:
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Alaap official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted or exchanges through the Alaap programs;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users or providers of the Alaap programs are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Alaap programs or servers or networks connected to the Alaap, or disobey any requirements, procedures, policies or regulations of networks connected to the Alaap, including using any device, software or routine to bypass our robot exclusion headers, or CAPTCHA;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the laws of the Republic of India, or the laws governing your citizenship in your country, or any regulation having the force of law;
- provide material support or resources or to conceal or disguise the nature, location, source, or ownership of material support or resources to any organization(s) designated by the government of Republic of India, or your government, as a foreign terrorist organization;
- stalk or otherwise harass another user or the trainers;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above;
- engage into any insulting, perceived to be insulting, or otherwise unsolicited, or harassing conversations with the trainers.
You acknowledge that Alaap may or may not pre-screen any content or conversation that you hold with trainers, but that Alaap and its designees shall have the right but not the obligation in their sole discretion to pre-screen, refuse, or remove any content or conversation that is available via Alaap programs. In case of any perceived disrespect to the trainers, at the sole discretion of Alaap, Alaap may terminate the training programs, and may pursue legal options available to it in order to bring the offending user, or such member of public that caused it to justice.
You acknowledge, consent and agree that Alaap may access, preserve and disclose your account information and conversations if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms and conditions; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Alaap, its trainers, the users and the public.
You understand that the Alaap programs and software embodied within the Alaap may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Alaap. You may not attempt to override or circumvent any of the usage rules embedded into the Alaap. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided by Alaap, in whole or in part, is strictly prohibited.
Any comments or information that you provide to Alaap, including but not restricted to suggestions, ideas, concepts, or other information, feedback or ideas in response to a customer survey regarding the website, either electronically, or through printed media shall be deemed, and shall remain, the property of Alaap. None of these comments or information shall be subject to any obligation of confidentiality on behalf of Alaap, and Alaap shall not be liable for any use or disclosure, including publication in any medium, of any such comments or suggestions, or information, either singly or in aggregate. Without limitation of the foregoing, Alaap shall exclusively own all now known or hereafter existing rights to the comments or information, ideas, suggestion or any other content provided by registrant to Alaap of every kind and nature and shall be entitled to unrestricted use of these for any purpose, commercial or otherwise, without compensation to you.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Alaap website or its programs.
Alaap may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Alaap is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Alaap shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Alaap website, Alaap training content and any necessary software used in connection with Alaap contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Alaap or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Alaap or the applicable licensor, such as an advertiser, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Alaap content, or the website, its training programs or the software, in whole or in part.
Alaap grants you a personal, non-transferable and non-exclusive right and license to use the object code of its website software on a single computer; provided that you do not, and do not allow any third party to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, nor to use modified versions of the software, including without limitation for the purpose of obtaining unauthorized access to the Alaap. You agree not to access the Alaap website or training program material by any means other than through the interface that is provided by Alaap for use in accessing the Alaap website.
You expressly understand and agree that:
a) Your use of the Alaap website and its software are at your sole risk. The Alaap services, programs and software are provided on an as-is and as available basis. Alaap and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
b) Alaap and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that the Alaap services or software will meet your requirements; or that the Alaap services or software will be uninterrupted, timely, secure or error-free; or that the results that may be obtained from the use of Alaap training or use of website or software will be accurate or reliable; or that the quality of any products, services, information or other material purchased or obtained by you through Alaap website or software will meet your expectations; and that any errors in the software or training material will be corrected.
c) Any material downloaded or otherwise obtained through the use of the Alaap website or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
d) No advice or information, whether oral or written, obtained by you from Alaap or through or from the Alaap franchisees, or its website, or software shall create any warranty not expressly stated in the terms and conditions.
e) A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Alaap website. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Alaap website. Immediately discontinue use of the Alaap website and consult your physician if you experience any of the following symptoms while using the Alaap website: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Except for damages that are required by law to be paid you hereby agree and understand that you will not be entitled to any incidental, consequential or other damages, including but not limited to damages for loss of profits, or confidential or other information, for business interruption, for personal injury, for loss of privacy for failure to meet any duty including of good faith or of reasonable care, for negligence or negligent misrepresentation, and for any other pecuniary or other loss whatsoever, even in the event of the fault of Alaap or its franchisees, of tort including negligence, strict or product liability, breach of contract or breach of warranty, and even if Alaap or any of its franchisee have been advised of the possibility of such damages. These limitations and exclusions regarding damages will apply even if any remedy fails.
This agreement is governed by laws of the Republic of India. Your visiting and viewing Alaap website implies your consent to such law and the jurisdiction of and venue in the courts of Bangalore, State of Karnataka, India in all disputes arising out of or relating to this terms and conditions. The use of the website is not authorized in any jurisdiction that does not give effect to all provisions of this agreement, or in any jurisdiction with which any activity on this website is prohibited by the laws of the Republic of India. Alaap's performance of this agreement is subject to existing laws and legal processes, and the registrant agrees that Alaap may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement from any appropriate authority, including authorities of the country where the registrant is based.
If any part of this agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the registrant and Alaap with respect to the website and supersedes all other prior or contemporaneous communications and proposals, whether electronic, oral or written, between the registrant and Alaap or its franchisees regarding the website and any service delivered through it.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Alaap website, or its programs or the terms and conditions must be filed within three months after such claim or cause of action arose or be forever barred.
Last Updated: 31st July 2009
© 2009 Alaap Projects Private Limited. All rights reserved.
© 2009 Alaap Projects Private Limited. All rights reserved.