BY CLICKING ON
THE “I AGREE” (OR SIMILAR BUTTON) OR BY ACCESSING THE SERVICES (DEFINED BELOW) AND
AVAILING THE SUBSCRIPTION (DEFINED BELOW), THROUGH THE SUBSCRIBER’S
SUBSCRIPTION TO THE PLATFORM AND CONTENT YOU INDICATE YOUR ASSENT TO THE
FOLLOWING TERMS OF THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”). ACCORDINGLY,
THIS EULA IS A LEGAL AGREEMENT BETWEEN
YOU (DEFINED BELOW) AND SUPERESOURCES ACADEMY LLP, HAVING ITS REGISTERED
OFFICE AT FLAT NO. FB1, PARAMOUNT APARTMENT, 1981 CONVENT STREET, CAMP, PUNE,
MAHARASHTRA, 411001, INDIA. (HEREINAFTER REFERRED TO AS THE “SUPERESOURCES”, "LICENSOR",
“COMPANY”, "WE", "US" AND "OUR").
ACCESS TO THE SUBSCRIPTION AND YOUR
OBLIGATIONS AND LIABILITIES IN THIS REGARD, ARE GOVERNED BY THE TERMS OF THIS
AGREEMENT.
1. DEFINITIONS
A. “Content” shall mean the variety of
modules, courses and content, audio, images, photographs, software, text,
icons, and such like content designed by the Company and offered through the
Platform as a Service.
B. “Main
Agreement” will mean the Subscription Terms entered into between the
Subscriber and Company with respect to the Subscription and as amended from
time to time.
C. “Permitted
User(s)” or “your” or “you” shall
mean an
D. “Platform” shall mean and include the website of the Company,
hosted under the domain name https://www.perseusudachia.com/,
that allows the Customers to avail the Services.
E. “Service(s)” shall mean the access to the Content
and coaching services, provided to the Customers through the Platform.
F. “Subscription” shall mean the revocable,
non-sublicensable, non-transferable, non-exclusive and limited subscription to
the Content and access to the Services.
G. “Subscriber”
shall mean the entity which has availed a Subscription to the Services and
agreed to the terms of the Main Agreement.
H. “Subscription
Term” will mean the term as agreed in the Main Agreement during which the
Subscriber has availed the Subscription.
2.
SUBSCRIPTION
Subject to the terms and
conditions herein, the Company grants to the Permitted User during the
Subscription Term, the right to use and access the Services and Content through
Subscriber’s Subscription under the Main Agreement, for Subscriber’s internal
use (the “Purpose”). Nothing herein
contained shall be construed as granting to the Permitted User any intellectual
property right, in the Subscription, except as expressly provided for
hereunder.
3.
ACCOUNT MANAGEMENT
As a condition for using the
Subscription, the Permitted Users shall be required to register with the
Company and select a password and enter his/her email address. In this regard,
the Permitted Users shall provide accurate, complete, and updated registration
information. The Permitted User understands that failure to do so shall
constitute a breach of this Agreement, which may result in immediate
termination of Permitted User's account. It is the primary responsibility of
the Permitted Users to use the Subscription as directed, however, this shall in
no manner undermine any authority or rights of the Company. The Permitted User
shall be responsible for maintaining the confidentiality of its account. The
Company shall not be liable for any loss of data or functionality caused
directly or indirectly by the Permitted Users.
4.
RESTRICTIONS
The Permitted User shall not, directly or
indirectly, i) copy, modify, adapt, translate, reverse engineer, decompile,
disassemble, alter, reproduce or otherwise make any changes to the Platform, or
ii) use the Platform in any manner to provide time-sharing, benchmarking or
other computer services to third parties, except as expressly provided herein,
or allow any third party to access or benefit from the functionality of the Platform,
or iii) use the Platform for any purpose other than the purpose specified under
this Agreement, or iv) allow use of the Platform by anyone other than the
Permitted Users, or v) reverse-engineer, modify, amend, reproduce, republish,
translate into any language or computer language, re-transmit in any form or by
any means, resell or re-distribute the Platform without the prior written
consent of Company, or vi) upload, transmit or otherwise make available in
connection with the Platform any unsolicited or unauthorized advertising or
promotional materials, which by way of illustration but not limitation includes
"junk mail," "spam", "chain letters" and
"pyramid schemes", or vii) upload, transmit or otherwise make
available in connection with the Platform any content that is unlawful,
harmful, threatening, abusive, harassing, torturous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable, or viii) upload, transmit or otherwise
make available in connection with the Platform any content that the Permitted
User does not have a right to make available under all applicable laws, or
contractual or fiduciary relationships (which, by way of illustration but not
limitation, includes inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
non-disclosure agreements), or ix) upload, transmit or otherwise make available
in connection with the Platform 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, which by way of illustration but not limitation
includes viruses, time bombs, trojan horses and other malware; or x) violate
(intentionally or unintentionally) any applicable local, state, national or
international laws or regulations in connection with the Platform, including
but not limited to those related to intellectual property rights, privacy or
security. The Permitted User shall have no rights to the Platform other than as
specifically granted herein.
5.
INTELLECTUAL PROPERTY RIGHTS
A. Any and all ownership rights to the Platform and
branding thereof, including intellectual property rights therein is the sole
and exclusive property of the Company. This Agreement does not grant the
Permitted User, any rights, title and interest in and to Platform, its
contents, and branding thereof, except where expressly and unequivocally
licensed herein.
B. The Permitted User agrees that it shall not
directly or through the Subscriber, assert, or authorize or assist, or
encourage any third party to assert, against Company any infringement or
misappropriation of intellectual property rights related claim regarding the Platform.
6.
PERMITTED USER CONTENT
The Permitted User shall ensure that the Content
does not: (i) include anything that actually or potentially infringes or
misappropriates the copyright, trade secret, trademark or other intellectual
property right of any third party, or (ii) contain anything that is obscene,
defamatory, harassing, offensive or malicious or (iii) introduce any software
viruses or other harmful or deleterious computer code, files, or programs, such
as trojan horses, worms, time bombs, or cancelbots. The Permitted User
acknowledges and agrees that the Company uses certain third-party tools for
analytical purposes and may use Content and track Permitted User’s usage of the
Services for any purpose including but not limited to research, analytics, and
to improve the services. Company takes
no responsibility and assumes no liability for any Content that you post or
upload on the Platform. You understand and agree that any loss or damage of any
kind that occurs to the Content that you send, upload, download, post,
transmit, display, or otherwise make available or access through use of the Platform,
is solely your responsibility.
7.
PRIVACY & SECURITY
The Company states that it endeavours to protect the privacy of the
Permitted User and the integrity and security of the Permitted User’s personal
information. The personal information collected by the Company is subject to
and governed by our Privacy Policy located at [https://www.superesources.com/privacy-policy/].
Permitted User understands and agrees that by using the Subscription, Permitted
User has consented to the collection, use and disclosure of Permitted User’s
personally identifiable information and aggregate data as set forth in our
Privacy Policy, and to have Permitted User’s personally identifiable
information collected, used, transferred to and processed.
8.
CONFIDENTIALITY
A. Confidential Information" will mean
information disclosed by one Party to the other and which includes, without
limitation the financial, business, technical and marketing information,
business plans, methods, processes, inventions, techniques, designs, data,
know-how, ideas, concepts, strategies, trade secrets, product and services and
any such other information. The Company's Confidential Information will include
the information about the Platform. Confidential Information does not include
information which: a) is in the public domain; (b) was known to the Party of
such disclosure or becomes known to the Party without breach of any
confidentiality agreement; (c) is independently developed by either Party
without violating any confidentiality obligations stated herein; (d) is
disclosed pursuant judicial order or requirement of the governmental agency or
by operation of law.
B. The receiving Party will keep Confidential
Information and proprietary information and data received from the disclosing
Party in strict confidence and will not disclose it to any third parties except
to a limited group of receiving Party's directors, officers, agents, authorized
representatives on a need-to-know basis. Each Party will use the same degree of
care and discretion (but in any event no less than a reasonable degree of care
and discretion) to avoid unauthorized disclosure or use of the other Party's
Confidential Information as that receiving Party uses to protect its own
information of a similar nature from unauthorized disclosure or use.
C. Upon request by the disclosing Party, the
receiving Party will immediately return to the disclosing Party, all
Confidential Information disclosed by the disclosing Party and all copies
thereof. All such information will be and will remain the sole property of the
disclosing Party.
D. The receiving Party agrees that any violation of
the confidentiality obligations will cause irreparable injury to the disclosing
Party, entitling the disclosing
Party to obtain injunctive relief in addition to all legal remedies.
E. The confidentiality obligations stated herein
will survive for a period of five (5) years from the date of termination or
expiration of this Agreement.
F. Further, Permitted User agrees that under no
circumstances the Company or its affiliates or subsidiaries will be held
responsible or liable for any loss, damage or harm caused due to Permitted
User’s data or information obtained from the Platform.
9.
THIRD PARTY SOFTWARE
Third-party Software (if any) used through the
Subscription will be subject to separate terms and conditions provided by such
third-party Software. The license restrictions contained in this Agreement do
not apply to third-party Software to the extent they are inconsistent with such
third-party Software terms. The Company will not be responsible for any
third-party Software.
10.
TERM AND TERMINATION
A. This Agreement will commence upon your
acceptance of the terms of this Agreement through or your access to the
Subscription whichever occurs earlier, and unless earlier terminated as
provided in this section (Term and Termination), will continue until the
earlier occurrence of any of the following events:
i)
the end of
the applicable Subscription Term;
ii)
termination
of Permitted User’s account by the Company; or
iii)
this
Agreement will immediately terminate upon your breach of the terms of this
Agreement.
B. Upon the termination of this Agreement, your
access to the Services will immediately cease to exist.
C. The Sections in this Agreement, which, by their
very nature are intended to survive the termination of this Agreement, will
survive the termination of this Agreement.
11. INDEMNITY
Permitted
Users agrees to defend, indemnify and hold harmless the Company and, its
subsidiaries, agents, managers, affiliated companies, and their respective
employees, contractors, agents, officers and directors, from and against any
and all claims, damages, obligations, losses, liabilities, and expenses
(including but not limited to attorney’s fees) arising from: (a) breach of or
violation of applicable laws and regulations, (b) use of the Subscription other
than as permitted under this Agreement; (c) Permitted User’s use of and access
to the Subscription, including any data or work transmitted or received by
Permitted User; (d) Permitted User’s violation or breach of any term and
conditions of this Agreement including but not limited to confidentiality obligations;
(e) violation, infringement, breach or misappropriation of third-party right,
including without limitation any right to privacy, publicity rights or
intellectual property rights; (f) any claims or damages that arise as a result
of any of the Permitted User Content submitted by Permitted User or any content
that is submitted via Permitted User’s account; or (g) any other party’s access
and use of the Subscription with Permitted User’s unique username, password or
other appropriate security code.
12.
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
THE PLATFORM AND SUBSCRIPTION IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. THE COMPANY
HEREBY DISCLAIMS ALL OTHER IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT LOSS OF DATA OR ARISING OTHERWISE IN
LAW OR EQUITY OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED AND EXCLUDED. THE COMPANY FURTHER DISCLAIMS WARRANTIES
THAT THE PLATFORM OR SUBSCRIPTION WILL BE FIT FOR THE PURPOSE OR WILL MEET THE
PERMITTED USER'S REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT ANY BUGS OR ERRORS OR DEFECTS WOULD BE
FIXED OR THE PLATFORM OR SUBSCRIPTION WILL OPERATE IN COMBINATION WITH CONTENT OR PLATFORM, OR WITH ANY OTHER
HARDWARE, PLATFORM, SYSTEMS OR DATA NOT PROVIDED BY THE COMPANY. ALL
SPECIFICATIONS, DOCUMENTATION, INFORMATION, AND OTHER MATERIALS PROVIDED BY THE
COMPANY ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING
ANY STATUTORY WARRANTIES THAT MAY APPLY TO SUCH SPECIFICATIONS, DOCUMENTATION,
INFORMATION OR MATERIALS. THE PERMITTED USER ACKNOWLEDGES THAT THE COMPANY DOES
NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING, THE
INTERNET, AND THAT THE PLATFORM AND SUBSCRIPTION MAY BE SUBJECT TO LIMITATIONS,
DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS
FACILITIES. THE COMPANY CANNOT AND DOES NOT WARRANT FOR OR PROMISE ANY SPECIFIC
RESULTS FROM USE OF SUBSCRIPTION
AND ITS RESULTS.
13.
LIMITATION OF LIABILITY
THE COMPANY WILL NOT BE LIABLE (A) FOR LOSS OR
INACCURACY OF DATA (INCLUDING ANY RESULTS DERIVED) OR, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR TECHNOLOGY, (B) FOR ANY DIRECT OR INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND
LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS
INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY
TO USE THE PLATFORM OR SUBSCRIPTION. IN THE EVENT THE PERMITTED USER IS NOT
SATISFIED WITH ANY TERMS OF THIS AGREEMENT OR THE PLATFORM, THE SOLE REMEDY
AVAILABLE TO THE PERMITTED USER WILL BE TO CEASE ACCESSING THE SUBSCRIPTION AND
USING THE PLATFORM.
14.
NOTICES
All notices, demands, or consents required or
permitted under this Agreement will be in writing. Notice will be considered
effective on the earlier of actual receipt or: (i) the day following
transmission if sent by facsimile or email with pdf followed by written
confirmation; (ii) one day (two days for international addresses) after posting
when sent via an express commercial courier; or (iii) five days after posting
when sent via post. Notice will be sent to the address for each party set forth
on the first page of this Agreement, or at such other address as will be
provided by either party to the other in writing.
15.
GENERAL PROVISIONS
A. This Agreement along with other policies
referred under this Agreement, constitutes the entire or sole legal agreement
between you and Company and will govern the use of the Subscription and will
supersede and prevail over any prior agreements, whether oral or written,
regarding the subject matter hereof.
B. If any court of law, having the jurisdiction to
decide on this matter, rules that any provision contained under this Agreement
is invalid, then that provision will be removed from the Agreement without
affecting the rest of the Agreement. The remaining provisions of the Agreement
will continue to be valid and enforceable.
C. The Company will have a right to assign this
Agreement to its affiliates or any third parties at any time without notice to
Permitted Users.
D. This Agreement will be governed by and construed
under laws of India. Unless waived by Company in a particular instance, the
sole and exclusive jurisdiction and venue for actions arising under this
Agreement will be courts in Pune, Maharashtra and each Party hereby consents to
the exclusive jurisdiction of such courts for any such dispute. In addition,
you agree that you will only be permitted to pursue claims against the Company
through the Subscriber, in accordance with the terms of the Main Agreement.
E. Any waivers and modifications must be in writing
and signed by both parties. No delay or omission by either party in exercising
any right or remedy under this Agreement or existing at law or equity will be
considered a waiver of such right or remedy.
F. By registering the details with Company,
Permitted User agree that we may contact you with important information
relating to the Subscription.
G. No agency, partnership, joint venture, or
employment is created between you and the Company as a result of this
Agreement, and Subscriber does not have any authority of any kind to bind
Company in any respect whatsoever.
H. This Agreement is an electronic record in terms
of the applicable laws. This electronic record is generated by a computer
system and does not require any physical or digital signatures. This document
is published in accordance with the provisions of applicable laws.
I.
J.
Company
may update the terms and conditions of this Agreement, at its own discretion.
Company hereby encourages Permitted User to check these terms and conditions on
a regular basis to be aware of the changes made to it which are also available
on [https://www.superesources.com/terms-of-use/] for the most recent version.
This Agreement was last modified on 27 June 2025.
“I
ACCEPT”