Terms of Use

LAST UPDATED: 12.09.2022

1. The domain name www.xinrenindia.com (Hereinafter referred to as the ‘Website’) along with the Xinren Training Platform bearing domain name www.posh.xinrenindia.com (Hereinafter referred to as ‘e- Platform’) and the related services provided (Hereinafter referred to as ‘Xinren Services’) are owned and operated by Xinren Information Technologies Private Limited (Hereinafter referred to as ‘Xinren’), a Company registered under the Companies Act, 2013 with its registered office at 2.1, 3.1, 3.2, 11.1, Dr. Herekar Park, Rajyog, 2nd Floor, Shreeman Society, Deccan Gymkhana, Pune Maharashtra, Maharashtra 411004.

I. TERMS OF ACCESSS

2. By accessing the Website, e-Platform or Xinren Services, you (interchangeably also ‘User’) acknowledge that you have read and agree to be bound by the terms and conditions stated in the Terms of Use which includes the Privacy Policy and Refund Policy.

3. These Terms of Use constitute an electronic record that is published in accordance with the applicable law and forms part of a legally binding agreement between you and Xinren for the use of the Website, e-Platform and Xinren Services. This electronic record is generated by a computer system and does not require physical or digital signature.

4. Xinren reserves the right to modify the Website, e-Platform, Xinren Services and these Terms of Use at any time, without prior notice to you. Any such modifications shall be effective immediately and will be indicated by updating the “Last Updated” date on this Terms of Use. Hence, it is recommended that you regularly visit and review these Terms of Use as may be updated from time to time. You will be deemed to have been made aware of and to have accepted any changes in the revised Terms of Use by your continued use of the Website, e-Platform and/or Xinren Services after the date of the last update.

5. Xinren reserves the right to refuse to provide you Xinren Service, deny or terminate access at its sole discretion and without any notice to you if Xinren believe you have violated these Terms of Use.

6. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. SHOULD YOU DISAGREE WITH ANY OR ALL OF THE TERMS MENTIONED HEREIN, YOU SHOULD NOT ACCESS THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.

II. DESCRIPTION OF SERVICE

7. Xinren India provides an education platform that trains and educates colleges, institutions, universities, corporate houses and industries on the prevention of workplace sexual harassment including ICC Training (Remote/In-person), POSH Training, Audit, Advisory and Training, Consultation, POSH Documentation –Policy Design (General Code of Conduct & Anti- Sexual Harassment Policy) and Review, Empanelment of External Members and much more.

III. USER REPRESENTATIONS AND OBLIGATIONS

8. By accessing the Website or e-Platform, a You represent and warrant that You:

a) are above the age of 18 years. If you are a minor, i.e., under the age 18, you may use the Website or e-Platform only under the supervision and consent of a parent or guardian.

b) are competent to contract under the Indian Contract Act, 1872.

c) are not legally barred from using the Website, e-Platform, Xinren Services, or any other services offered on the e-Platform.

d) will submit true, accurate and complete information and will promptly maintain and update such information as and when necessary.

e) will not use the Website, e-Platform, Xinren Services or any other services offered on the e-Platform for any purpose that is illegal, unlawful or prohibited by these Terms of Use.

f) will not use the Website-Platform, Xinren Services or any other services offered on the e-Platform in a manner that interferes with the access and enjoyment of the same or violates the legal rights of third party.

g) will not conduct themselves in a manner or engage in any activity that restricts or disrupts anyone’s access to the Website or e- Platform or is potentially harmful to Xinren, its Website, its e- Platform, its Services, servers, networks, or computer resources.

h) Will not impersonate or falsely state or misrepresent any affiliation with Xinren, its officials, employees, agents, partners, affiliates, or dealers.

i) will not violate the Terms of Use, Privacy Policy or any other policies or guidelines that are applicable to the Website, e- Platform, Xinren Services or any other services offered on the e- Platform.

j) will not violate any applicable laws, rules, regulations, notifications, circulars, guidelines, codes, policies, for the time being in force or any orders or similar form of decisions, determination or adjudication having the force of law, within India. Those who access the Website and/or e-Platform from outside India are responsible for compliance with local laws, to the extent that they are applicable.

9. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. In case of any unauthorized access or when it is suspected, the You shall immediately, bring it to our notice and request for suspension of the account, if deemed necessary.

IV. FEES and PAYMENT OF FEES

9. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. In case of any unauthorized access or when it is suspected, the You shall immediately, bring it to our notice and request for suspension of the account, if deemed necessary.

10. Fees of Xinren Services will be mentioned on the respective Xinren Service webpage. Xinren reserves the right, at any time, to make any changes to Xinren Services fees as its sole discretion without any prior notice. Xinren will make all reasonable efforts to intimate all Users via the Website or e-Platform of such a change in the fee structure. Payment for Xinren Services shall be subject to the applicable indirect tax laws of India including Goods and Service Act (GST). Applicable GST will be charged extra.

11. For the purpose of making payments towards availing Xinren Services, You can make the payment through the PayU Payment Gateway via any one of the following payment methods:• Credit Card• Debit Card• Net Banking• Mobile Wallets• UPI

12. The PayU Payment Gateway may require You to provide your personal information and also charge you fees to use or access their services. You agree, understand and confirm that the payment details provided for availing Xinren Services shall be correct and accurate.

13. You agree to be solely responsible for all charges that occur through such Payment Gateway and acknowledge and agree to indemnify, defend, and hold harmless Xinren, its licensors, their affiliates, and their respective officers, directors, employees, and agents from and against any loss arising out of or related to the use of the Platform or any Xinren Services availed through the Platform. This obligation will survive your use of the Website, Platform and termination of your Agreement with us.

14. Xinren shall not be responsible for any claims arising out of any act or omission on the part of any of the payment methods selected by you including, but not limited to, any lost, stolen, or incorrectly processed payments. Xinren expressly disclaims any responsibility and liability for all services provided by the Payment Gateway.

VIII. CANCELLATIONS AND REFUNDS

15. Xinren appeals to all Users to exercise due care and diligence while making payments. Refund will strictly be permitted as per the Refund Policy. Please read Refund Policy here . Refund Policy shall be deemed to have incorporated in these Terms of Use.

V. User Obligations

16. Under these Terms of Use and in using the Website e-Platform, and Xinren Services, You agree to abide by the following Code of Conduct:

a) You shall not host, post, display, distribute, upload, modify, publish, transmit, reproduce, store, update or share, in any way, even if in a joking or sarcastic manner:

• any proprietary information belonging to any person including but not limited to copyrighted material, trademarks or any other such information that belongs to another person and in which it does not have any right of use;

• any information that is false or misleading or violates and law for the time being in force.

• any information that impersonates, harasses or promotes harassment of another person.

• any information promotes illegal activities including but not limited to exploiting any person in sexual, violent or otherwise inappropriate manner or that invades or violates any person’s privacy or provides or creates computer viruses.

• Any information that promotes conduct that is abusive, threatening, defamatory, obscene or libelous.

• any information that is 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.

• any information that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” e. nfringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];.’

• any information that contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

• any information that is harmful to or contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian)

• any information that engages in commercial activities and/or sales without Xinren’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the e-Platform. Throughout this Terms of Use, Xinren’s “prior written consent” means a communication coming from Xinren’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

• any information that solicits gambling or engages in any gambling activity which Xinren, in its sole discretion, believes is or could be construed as being illegal;

• any information that contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;

• any information that interferes with another user’s use and enjoyment of the e-Platform or any other individual’s user and enjoyment of similar services; or refers to any website or URL that, in the sole discretion of Xinren, contains material that is inappropriate for the e-Platform, contains content that would be prohibited on the e-Platform, or violates the letter or spirit of these Terms of Use.

• any information that is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.

• any information that is patently false and untrue and is written or published in any form with an intent to mislead or harass any person, entity or agency for financial gain or to cause injury to any person.

• any information that 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 is insulting to another nation.

b) You grant Xinren the non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content, feedback, or comments provided, shared or uploaded on the e-Platform.

c) Xinren reserves the right, but has no obligation, to monitor the content posted on the e-Platform by the Users. Xinren may review, edit, reject, refuse to post and/or delete any content that in the sole judgment of Xinren violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, threaten the safety of another person or is violative of the business ethics of Xinren. Xinren has the right to deny access to any user who violates this clause.

d) The User shall remain solely responsible and liable for the content shared or posted on the e-Platform and hence, takes the responsibility to ensure that all information and content shared on the e-Platform does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. Such kind of content does not necessarily reflect the views of Xinren. In no event shall Xinren assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the e-Platform.’

e) At the same time, it is possible that other Users may post or share content that is offensive, obscene, libelous, tortious, or otherwise unlawful in nature. It also is possible for others to obtain personal information about the User due to your use of the e-Platform, and that the recipient may use such information to harass or injure you. Xinren does not approve of such unauthorized uses but by using the e-Platform, you acknowledge and agree that Xinren is not responsible for the use of any personal information that you publicly disclose or share with others on the e-Platform. Please carefully select the type of information that you publicly disclose or share with others on the e-Platform. You shall be liable and responsible towards outcome of postings or comments made by you on the Platform.

f) The User shall strictly refrain from undertaking or participating in illegal and/or unauthorized uses of the e-Platform, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the e-Platform, are not permitted. Users shall also strictly refrain from intercepting the data stream coming or going from the e-Platform or gaining unauthorized access to the e- Platform or exceeding the authorized access provided to them.

g) The User shall not make use of the e-Platform to engage in advertising or solicitation of other Users to buy or sell any products or services, including, but not limited to, products or services related to the e-Platform.h) All contents present on the e-Platform is solely owned/license by Xinren and no user shall have the right to copy, extract, download, use any such content, except as may be expressly permitted hereunder.

VI. PRIVACY POLICY

17.You can read Privacy Policy here. Privacy Policy shall be deemed to have incorporated in these Terms of Use.

VII. DISCLAIMER OF WARRANTIES AND LIABILITY

18. The Website and e-Platform, along with all the materials (including but not limited to software) and services, included on or otherwise made available to the User are owned and provided by Xinren on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

19. Without any prejudice to the forgoing clause, Xinren does not, at any point warrant that:

• The e-Platform will be constantly available or be available at all;

• Though Xinren takes care of all contents and endeavour that contents are error free, the information, materials and content contained therein will be true, accurate or non-misleading.

• The information, materials and content, product (including software) or servers included on or otherwise available to the User through the use of the e-Platform shall be free of viruses or other harmful components.

Xinren will not be liable to the User, in any way or relation, as to the contents of, or use of, or otherwise in connection with the e-Platform.

20. Xinren will not be responsible or be held liable in respect of any loss or damage of any nature arising either directly or indirectly while availing any of the payment methods offered by Xinren as with respect to:

• Lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by you and between your “Bank/s”,

• Any payment issues arising out of the transaction,

• Decline of transaction for any other reason/s.

21. Xinren shall not be liable for indirect loss, indirect damages, loss of profit or loss of revenue.

VIII. INTELLECTUAL PROPERTY RIGHTS

22. Xinren and Xinren India are the registered trademarks of Xinren Information Technologies Private Limited.

23. Xinren shall be the owner of intellectual property rights of all content and material available on the Website and e-Platform including, education course material, source code, databases, functionality, software, website designs, audios, videos, text, images, photographs, graphics, illustrations, questions, creative suggestions, messages, comments, feedback, ideas, messages, posts, and comments (Singly or collectively ‘Xinren Data’). The User shall not copy, reproduce, republish, or upload Xinren Data. Without the prior written consent of the Xinren, modification of Xinren Data, use of the Xinren Data on any other website or networked computer environment or electronic or non-electronic media is prohibited.

IX. WAIVER

24. Xinren’s failure to enforce any of these rights will not be considered as a waiver of those rights.

X. SEVERABILITY

25. Should any provision of these Terms of use be held to be invalid or unenforceable by any Court of the land, the remaining provisions of these Terms of Use will continue to remain in effect.

XI. FORCE MAJEURE

26. Xinren is not responsible and will not be held liable for any delay, losses, damage, liability, cost arising out of events which are beyond the reasonable control of Xinren including an event of force majeure.

XII. APPLICABLE LAW

27. These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. Should any dispute arise out of or in relations to this Terms of Use, the same shall be referred to the exclusive jurisdiction of the Courts in Pune.

XIII. GRIEVANCE REDRESSAL

28. Xinren will address any grievances or concerns related to the services offered on the e-Platform or Xinren services through the relevant grievance authority within the specific times and under such law for the time being in force. To raise any complaint, the User shall provide a detailed description of the grievance to the Grievance Officer at the following details:

          NAME: Ms. Gayatri Dhavale
          EMAIL:  info@xinrenindia.com  
          CONTACT: +91 7028666490
        

29. ADDRESS: 2.1, 2nd Floor , Dr. Herekar Park, Rajyog, Shreeman Society, Deccan Gymkhana, Pune Maharashtra, Maharashtra 411004.

The Grievance Officer will endeavor to resolve the complaint within 15 days from the receipt of such complaint.

XIV. CONTACT US

30. Please send your feedback, comments and requests for technical support by email to: info@xinrenindia.com

31. Address: 2.1, 2nd Floor , Dr. Herekar Park, Rajyog, Shreeman Society, Deccan Gymkhana, Pune Maharashtra, Maharashtra 411004.

32. Customer Care Number: +91 7028666490