Terms of Use – proactivei.in

LAST UPDATED : MARCH 2021
Uzoo Labs Private Limited is a company registered in India with its registered office at UzooLabs, Dadisadan, Dalibaba Chowk, Satna, M.P. India (referred to herein as “Uzoolabs/Proactive ‘I'”, “we”, “our” or “us”). Proactive ‘I’ is a web, mobile & Event based platform which offers curated and specially designed and scripted courses aimed at strengthening foundational skills and building competencies geared towards achieving professional success through its website, https://www.proactivei.in/ (or any successor site) and its related sub-domains, sites, mobile applications and tools accessed through a mobile device, mobile application, computer or any other device (“Website”).

Proactive ‘I’ reserves the right to delete, modify or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website. These terms along with the Privacy Policy (as defined below) shall apply to Proactive ‘I’ hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media fora used/hosted by Proactive ‘I’. Please read these Terms of Use carefully before using the Services (as defined below) and contact us if you have any questions. Please note that the use of the Website and content accessed therein constitutes an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Acceptance of terms of Use
By using our Services, you, the end user (referred to herein as “you”, “your”, or the “User”) unconditionally agree to the terms and conditions that we have provided herein for the use of our Website. By checking our acceptance boxes, clicking any acceptance buttons, submitting any text, or simply by making any use of the Website, you: (i) accept the terms of use that appear below (all of which are called the “Terms of Use”) and agree to be bound by each of its terms, and (ii) represent and warrant to Proactive ‘I’ that: (a) you are of legal age in your country of residence and these Terms of Use are binding and enforceable against you; (b) to the extent an individual is accepting these Terms of Use on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and (c) you have read and understood Proactive ‘I’ privacy policy, the terms of which are posted on the Website and incorporated herein by reference (“Privacy Policy”) and agree to abide by the Privacy Policy. You understand that any and all decisions made by you with respect to the content are yours alone. These Terms of Use are made between you and us and shall come into effect when the User at the time of registration clicks on the checkbox to accept the Terms of Use.

All registration information must be correct, complete and promptly updated by the User each time it changes. Proactive ‘I’ reserves the right to make any changes to these Terms of Use and/or the Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website, you are implicitly agreeing to the revised Terms of Use and Privacy Policy expressed herein. If these Terms of Use conflict with any other document, then the Terms of Use will prevail for the purposes of usage of the Website.

If you do not agree or are not willing to be bound by the Terms of Use and Privacy Policy, please do not click on the “check box” and on the “Submit/Agree” button and do not seek to obtain access to or otherwise use the Website.

Purpose
The purpose of these Terms of Use is to set forth the terms and conditions under which, among other things: (i) Proactive ‘I’ will license to you use of certain of Proactive ‘I’ technology, software and/or services such that you can utilize Proactive ‘I’ Services, and (ii) you can access and/or use the Website including the mobile application (“Purpose”).

Services
The terms “Service” or “Services” would mean the online courses including any collateral content offered by Proactive ‘I’ on the Website including the mobile application. The services provided by Proactive ‘I’ shall include (i) The provision to the User to access Content (as defined below), including the courses on the Website which has been paid for by the User; and (ii) Proactive ‘I’ customer support, enabling you to contact Proactive ‘I’ at support@hProactivei.in with any queries that you may have in relation to the Services provided by Proactive ‘I’ Services shall include, but not be limited to, any services Proactive ‘I’ performs for you, any applications or widgets offered by Proactive ‘I’ that you download from the Website or from third party application stores authorized by Proactive ‘I’, as well as the offering of any materials displayed or performed on or through the Services (including Content).

Registration and Eligibility
You may browse the Website and view certain content without registering, but as a condition to accessing full courses on the Website, you are required to register with Proactive ‘I’ by creating an Account (as defined hereinafter) on the Website and represent, warrant and covenant that you provide Proactive ‘I’ with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password you will use to access the Website)

For the purpose of these Terms of Use, “Account” means the account successfully opened by the User on the Website. At the time of registration, Users may also be requested to provide supporting documents as specified by Proactive ‘I’ (in accordance with applicable laws). It shall be the responsibility of the Users to ensure the authenticity and validity of these supporting documents. All Users shall be solely responsible and liable for all activity that occurs on your Account and for protecting the confidentiality of User’s password(s) and User Name. Because of this, we strongly recommend that you exit from your Account at the end of each session. You agree to notify Proactive ‘I’ immediately in writing of any unauthorized use of your Account or any other related breach of security of which you are aware. You shall not (i) create any Account for anyone other than yourself without such person’s prior written permission; (ii) use a User Name that is the name of another person with the intent to impersonate that person or use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; (iii) create, use and/or access multiple Accounts; (v) divulge or share access to your User Account with any third party for any reason; or (vi) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Proactive ‘I’ reserves the right to refuse registration of, disable or cancel a User Name in its sole discretion. You shall be responsible for restricting access to your mobile phone/computer to prevent unauthorized access to your Account.

Any conduct by a User that in Proactive ‘I’ exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying the Services is strictly prohibited.

When you register and agree to be bound to these Terms of Use, a contract between us and you for the use of our Services is accomplished by default. If you are under the age of 18 (eighteen) or the legal age in your country of residence you may only browse the Website or utilize the Services under the guidance and supervision of your parents/legal guardians. It is assumed that any person under the age of 18 (eighteen) years has obtained the consent of the legal guardian or parents before using our Services and such use is made available by the legal guardian or parents, while using our Services. Proactive ‘I’ will not be responsible for any consequence that arises as a result of any such unauthorized use of our Services by underage persons. You represent that you are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.

License
Proactive ‘I’ hereby grants you a non-transferable, non-exclusive, revocable, limited license to access and use Proactive ‘I’ Website solely for the Purpose. Proactive ‘I’ may, from time to time, update or modify the Website, release new versions of the Website, which may, at Proactive ‘I’ discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of your rights and/or obligations hereunder including, without limitation, access to the Website. Subject to these Terms of Use, Proactive ‘I’ may offer to provide the Services, solely for your personal and non-commercial use for the Purpose, and not for the use or benefit of any third party.

Without limiting the generality of the terms above, the following are types of uses that Proactive ‘I’ expressly defines as falling outside of the definition of “non-commercial and personal use”, as used hereinabove; (i) the sale or rental of (a) any part of the Content, (b) any derivative works based at least in part on the Content, or (c) any collective work that includes any part of the Content; (ii) the sale of access or a link to any part of the Content; (iii) providing training, support, or editorial services that use or reference the Content in exchange for a fee; or (iv) the use of Content for display / upload / making available at a place that is accessible to the general public in any manner, including but not limited to any social media sites, video download sites, and torrents.

Content
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content has originated. Proactive ‘I’ cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any, recommendations, reviews, videos, audio clips, comments, courses, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Proactive ‘I’ on or through the Website. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Website by Users, is collectively referred to as, “User Content”. All Content present on this Website is the exclusive property of Proactive ‘I’ and/or licensed to Proactive ‘I’ The software, text, images, graphics, video and audio used on this Website belong to Proactive ‘I’ No material from this Website may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Proactive ‘I’ except the non-exclusive, non-transferable, limited permission granted by Proactive ‘I’ to you to access and display the web pages within this Website, solely on your computer and for your personal, non-commercial use of this Website. This permission is conditioned on

your not modifying the content displayed on the Website, your keeping intact all copyright, trademark and other proprietary notices, your acceptance of any terms, conditions and notices accompanying the content or otherwise set forth in this Website, your agreeing to acknowledge Proactive ‘I’ as the source, citing the uniform resource locator (“URL”) of the page from which the information has been taken.

User Content
We may use your User Content, except for any User Content that is personally identifiable information, in a number of different ways in connection with the Services and Proactive ‘I’ business as we may determine in our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). As mentioned herein above, User Content we may use shall not include any personally identifiable information for the purposes of these Terms of Use. By submitting User Content through the Website, you hereby do and shall grant Proactive ‘I’ a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable (through multiple tiers) and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and Proactive ‘I’ (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof). You also hereby do and shall grant each user of the Website, including Third Party Media, a non-exclusive license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content in connection with their use of the Website and Third Party Media. For clarity, the foregoing license grant to Proactive ‘I’ does not affect your other ownership or license rights in your User Content(s), including the right to grant additional licenses to the material in your User Content(s), unless otherwise agreed in writing with Proactive ‘I’

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You further represent and warrant to not post any User Content for which you do not have the right to grant Proactive ‘I’ a license.

You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such Content originated; that Proactive ‘I’ will not be liable for any errors or omissions in any Content; and that Proactive ‘I’ cannot guarantee the identity of any other users with whom you may interact in the course of using the Website.

When you delete your User Content, they will be removed from the Website. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Content or maybe retained by Proactive ‘I’ for such period as stipulated under law.

Electronic Communications
When you use the Website or send an email or other data, information or communication to Proactive ‘I’ , you agree and understand that you are communicating with Proactive ‘I’ through electronic records and you consent to receive communications via electronic records from Proactive ‘I’ periodically and as and when required. Proactive ‘I’ will communicate with you by email or by notifications on the Website which will be deemed adequate service of notice / electronic record.

Courses and Fees
While the Website is freely accessible to the User(s), the User needs an Account for any purchase of the Services on the Website. Furthermore, Proactive ‘I’ offers several courses on the Website, each of which may be accessed by the User on payment of the fee, which shall be priced per course (“Course Fees”). It is the responsibility of the User enrolling in any specific course to evaluate the suitability and relevance of the course selected. The enrollment into a course is nontransferable.

Upon payment of the Course Fees in whole, Proactive ‘I’ shall grant you access to the respective course for which the Course Fees has been paid. The invoice may be provided to you along with the email confirmation or within 2 (two) months thereafter. This shall be proof of delivery against the successful payment of fees. The User may pay the Course Fees, or any other such fee, by using the payment gateway services available on the Website.

Proactive ‘I’ may at its sole discretion introduce new services and modify some or all of the existing Services offered. Proactive ‘I’ reserves the right to cancel or reschedule any courses or live lectures/webinars or to alter, modify or rearrange the modules and the content therein. In such an event Proactive ‘I’ reserves the right to introduce fees for the new Services offered or amend/introduce the Course Fees for existing Services, as the case may be. Changes to the Course Fees policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Proactive ‘I’ within such time as specified in the invoice.

Non-payment – Proactive ‘I’ reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership/Account of the Website and refuse to provide you with access to the Website in case of non-payment of the Course Fees by you to Proactive ‘I’ . Proactive ‘I’ also reserves the right to take legal action in case of non-payment of fees by you to Proactive ‘I’ . Notwithstanding the above and in the event of exceptional circumstances, if Proactive ‘I’ has granted you access to a course pending payment or part payment, and Proactive ‘I’ does not receive payment or the remaining payment, as the case may be, within the stipulated time period, Proactive ‘I’ may, at its own discretion, withdraw your access to the course without giving any prior notice without prejudice to any other rights of Proactive ‘I’ .

Payment of Fees – To make payment of the Course Fees, and any other fees as Proactive ‘I’ may introduce, you must have internet access, an Account on the Website, and a current valid accepted payment method as shall be specified by Proactive ‘I’ . Proactive ‘I’ does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateway services for the payment. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Proactive ‘I’ third-party payment provider stores any such information, Proactive ‘I’ will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Proactive ‘I’ is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever.

You agree that depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Proactive ‘I’ does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrollment/purchase.

Any refunds, if applicable, shall be made in accordance with Proactive ‘I’ refund policy as available on the Website.

If you have subscribed for a free trial, the free trial period will last for the period of time specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid course within the last 6 (six) months, or if your payment method, physical address or email address has been associated with an Account for that paid service, you are not eligible to receive a free trial for that course. If you begin your subscription with a free trial, you may be ineligible for certain features of a course during your free trial period. Provided that nothing contained above shall form any obligation on Proactive ‘I’ to offer a free trial to any User.

Use of the Website
Proactive ‘I’ neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Proactive ‘I’ has no control over the third party user generated content.

You agree, undertake and confirm that your use of the Website shall be in accordance with applicable laws and be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information or item that belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic; pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; is intended to obtain password, account, personal information, confidential information or private information from any User of the Website; 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 offense or prevents investigation of any offense or is insulting any other nation; is false, inaccurate or misleading; and creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers; As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the provision of Services. However, Proactive ‘I’ reserves the right to:
(i) remove, suspend, edit, modify or discontinue any Content in its sole discretion, including without limitation any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Proactive ‘I’ is concerned that you may have violated these Terms of Use), or for no reason at all; and
(ii) to remove, suspend or block any User Content from the Website. You agree that Proactive ‘I’ shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Proactive ‘I’ also reserves the right to access, read, preserve, and disclose any information as Proactive ‘I’ reasonably believes is necessary to:
(i) satisfy any applicable law, regulation, legal process or governmental request;
(ii) enforce these Terms of Use, including investigation of potential violations hereof;
(iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) respond to User support requests; or
(v) protect the rights, property or safety of Proactive ‘I’ , its Users and the public. Provided that nothing in these Terms of Use shall be construed to obligate Proactive ‘I’ to maintain and support the Content or any part or portion thereof or any associated Services.

The User shall not use this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Website to become Users of other on or offline services directly or indirectly competitive or potentially competitive with Proactive ‘I’ .

Certification and Acknowledgment – Proactive ‘I’ may offer an acknowledgment, credential or certification for Users who complete the respective courses. The decision to award any credential or acknowledgment to a specific User, and the format of any such certificate, shall be solely at the discretion of Proactive ‘I’ . The User acknowledges that such certification is not affiliated to any educational institution and is not intended to convey academic merit or count towards academic credits of any educational institution. Proactive ‘I’ , the course instructors, and the associated participating institutions have no obligation to have any course recognized by any educational institution or accreditation organization.

Equipment
The User shall be exclusively responsible for obtaining and maintaining all telephone, computer hardware, software and other ancillary equipment needed for access to and use of this Website and all charges related thereto, and for ensuring that such equipment is compatible with the Website and Services. Proactive ‘I’ shall not be liable for any damages to the User’s equipment resulting from the use of this Website.

Monitoring
Proactive ‘I’ shall have the right, but not the obligation, to monitor the Website, Services and Content at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this agreement and any operating rules established by Proactive ‘I’ , as well as to satisfy any applicable law, regulation or authorized government request.

Intellectual Property and Ownership
All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in these Terms of Use shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity:
(i) as between you and Proactive ‘I’ you shall be deemed to be the sole owner of all posted information entered into the Website or otherwise posted by you; and
(ii) Proactive ‘I’ is the sole owner of the name “Proactive ‘I’ ” as well as the Website, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to Proactive ‘I’ regarding the Website shall, upon submission to Proactive ‘I’ , be owned solely and exclusively by Proactive ‘I’ . In addition, Proactive ‘I’ shall be entitled to post feedback at the Website (and/or allow others to do so), both positive and negative, regarding any User. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Website shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein).

Except for the User Content, any material, content or logos, marks, software on or part of the Service and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by Proactive ‘I’ or its licensors. You acknowledge that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to Proactive ‘I’ , except where it is indicated otherwise and you shall not directly or indirectly copy or reproduce all or any part of the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You may not resell, reproduce, publish, retransmit, distribute, commercially exploit or create derivative works of the Services thereof. You are prohibited to, modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.

Copyright and Trademark Policy – We reserve the right to suspend, disable, or terminate the Accounts which repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others. If you believe in good faith that materials on the Services infringe your copyright, please provide us a notice requesting that the material be removed or access to it blocked and we shall review your complaint. The notice must include the following information:

identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Proactive ‘I’ to locate the material on the Services; the name, address, telephone number, and email address (if available) of the complaining party; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and a statement that the information in the notification is accurate and, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Proactive ‘I’ also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by us in our sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at support@proactivei.in and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

Unavailability of Website and Payment Gateway services
You understand and acknowledge that due to circumstances both within and outside the control of Proactive ‘I’ , access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Proactive ‘I’ shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. You agree that Proactive ‘I’ shall not be liable for any damages arising from any such interruption, suspension or termination of the website and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the website.

Proactive ‘I’ shall make all reasonable efforts for the provision of uninterrupted service of the payment gateway subject to down time and regular maintenance. However, notwithstanding anything in these Terms of Use, you acknowledge that the payment gateway may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro and Proactive ‘I’ disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the payment services for a particular purpose. Although Proactive ‘I’ adopts security measures it considers appropriate for the offer of the Services and the payment gateway mechanism, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the same or your data. Proactive ‘I’ shall not be responsible or liable if any unauthorized person hacks into or gains access to the payment gateway service. In addition you agree that Proactive ‘I’ shall not be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage to your access to and/or use of the payment gateway services. Proactive ‘I’ sole obligation and your sole and exclusive remedy in the event of interruption of the payment gateway services shall be to use all reasonable endeavors to restore the Services and/or access to the payment gateway services as soon as reasonably possible.

Privacy and Consent
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your personal information as described in the Privacy Policy. Your personal information which is stored and processed by us is protected by physical as well as reasonable technological security measures and procedures. If you object to the Privacy Policy in any way, please do not use the Website. By accepting the Privacy Policy, you hereby consent to your information being shared on a no-name basis with third parties.

By using the Service and/ or by providing your Information, you consent to the collection and use of the personal information you disclose on the Service by Proactive ‘I’ in accordance with Proactive ‘I’ Privacy Policy.

Modification of terms of use
These Terms of Use were most recently updated in March 2021. Proactive ‘I’ reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, addition of certain fees or charges, in addition to the Course Fees, the availability of any feature, database, or Content) at any time by posting a notice on the Website.. We suggest to you, therefore, that you read this important notice containing our Terms of Use and Privacy Policy from time to time so that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website and/or Services, you are implicitly agreeing to the amended Terms of Use and Privacy Policy and we shall not be liable for any loss suffered by you on your failure to review such revised Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon Proactive ‘I’ posting the same thereof.

The Opt-Out Practice
If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any personal information that we have collected about you, you can opt-out anytime by sending an e-mail about your request to Proactive ‘I’ We use and/or may hereafter use third-party service providers to serve ads on our behalf across the Internet and sometimes on this Website. We also use third party service providers such as Google, Facebook and LinkedIn on the Website for tracking user behavior for marketing purposes, for provision of embedded services, etc. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, cookies and any other method which is industry standard technology used by most major websites to collect information regarding usage of the Website by any User. No personally identifiable information of the User is collected or used in this process.

Breach and Suspension of Services
We may at our sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend your Account and/or access to the Services, Website and Content therein (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of these Terms of Use, we shall not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to the Services shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

Without limiting other remedies, Proactive ‘I’ may without liability, limit your activity, immediately remove your personal information or User Content, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event and remove any non-compliant personal information or User Content, but not limited to:

If you breach these Terms of Use and the Privacy Policy; If Proactive ‘I’ is unable to verify or authenticate any information you provide; If you fail to reasonably cooperate in any investigation by us; If it is believed that your actions may cause legal liability for you, other Users or Proactive ‘I’ ; and If Proactive ‘I’ believes that you have breached any applicable law. A User that has been suspended or blocked may not register or attempt to register with Proactive ‘I’ or use the Website in any manner whatsoever until such time that such User is reinstated by Proactive ‘I’. Notwithstanding the foregoing, if you breach the Terms of Use or the documents it incorporates by reference, or use the Website fraudulently or commit any other unlawful acts or omissions, Proactive ‘I’ reserves the right to recover any amounts due and owing by you to Proactive ‘I’ and to take strict legal action against you including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you. Proactive ‘I’ further reserves the right to recover the cost of Service(s), collection charges and lawyer’s fees from persons using the Website fraudulently.

Termination
These Terms of Use shall remain in full force and effect during your use or access of the Services and the Website or till the date your Account is terminated, whichever is later.

Proactive ‘I’ may terminate your access to all or any part of the Services, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all personal information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Website. Any fees, including the Course Fees paid hereunder are refundable as per the terms and conditions of our refund policy as available on the Website. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer
The Website, Services and Content are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law. Save to the extent required by applicable law, Proactive ‘I’ has no special relationship with, or fiduciary duty to you. You acknowledge that Proactive ‘I’ has no control over, and no duty to take any action regarding: which Users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You understand that Proactive ‘I’ has no obligations to verify the original documents submitted by a User and have assumed that the same are true, correct and complete in all respects. You release Proactive ‘I’ from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Proactive ‘I’ makes no representations concerning any Content contained in or accessed through the Services, and Proactive ‘I’ will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Proactive ‘I’ makes no representation or warranty, express or implied that/regarding: the Website will meet your requirements; the Website will be available on an uninterrupted, timely, secure, or error-free basis; the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable. any third party data provided to Proactive ‘I’ or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Proactive ‘I’ will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance, or (c) interruption in any such third party data due either to any negligent act or omission by Proactive ‘I’ or “force majeure” or any other cause beyond the control of Proactive ‘I’ . Conduct of Users or any third-party in connection with the Services; the veracity of any information Users provide; any communications or meetings with Users or persons the Users may otherwise meet through the Services including any personal meetings that Users may have with each other. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of the above including, without limitation, bodily injury, emotional distress, and any damages. You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements.

Proactive ‘I’ and its shareholders, directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: the Services will be secure or available at any particular time or location; any defects or errors will be corrected; any content or software available at or through the Services is free of viruses or other harmful components; or the results of using the Services will meet your requirements. Your use of the Website, Services, Content and add-to link is solely at your own initiative and risk and you are solely liable for compliance with all applicable laws. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you. No advice or information, whether oral or written, obtained by any User through or from the services shall create any warranty not expressly stated herein.

Proactive ‘I’ shall not be responsible for the delay or inability to use the Services, the provision of or failure to provide Services, or for any information, software, Services and related graphics obtained or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise. Further, Proactive ‘I’ shall not be held responsible for non-availability of the Services and/or the Website during periodic maintenance operations or any unplanned suspension of access to the Services that may occur due to technical reasons or for any reason beyond our control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through use of the Services is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from breach of contract, breach of warranty, negligence, or any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. All details of the Users of the Website included in or available through this Website are provided for use without warranties of any kind, either express or implied. Proactive ‘I’ , its shareholders, its holding company, its subsidiaries, and its licensors do not warrant that the information or other material which is placed on the website by any person is correct. Your use of the Website is solely at your risk. You agree that Proactive ‘I’ shall have no responsibility for any damages suffered by you in connection with the use of the Website or any content contained therein or any damage suffered in the event of default or misrepresentation by any other user of the Website.

Dispute
Proactive ‘I’ is under no obligation to become involved in disputes or between two Users, or between Users and any third party arising in connection with the use of the Website. You release Proactive ‘I’ , its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Services.

Limitation of Liability
Proactive ‘I’ shall not be responsible for any act or omission which could be attributable to a default of any other person over which v does not exercise control, including without limitation any error or failure or inability of the network service provider or any failure of any personnel of the client.

Proactive ‘I’ liability to the User on the Website and for any other claim arising in connection with this defect shall be limited to the correction or repair of such breach or defect or the replacement of the defective or non-conforming portion of the Website. The remedies provided in this clause shall be the Users’ sole and exclusive remedies for any and all claims arising in connection with the Terms of Use made or suffered by the User or other party whether under contract or other legal theory.

Proactive ‘I’ liability in any circumstance is limited to the amount of Course Fees, if any, paid by you to Proactive ‘I’. Proactive ‘I’ , its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website. Consequently, Proactive ‘I’ assumes no liability whatsoever for any monetary or other damage suffered by you on account of: The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website which are incorporated by way of reference in these Terms of Use; Any interruption or errors in the operation of the Website. You expressly understand and agree that Proactive ‘I’ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Proactive ‘I’ has been advised of the possibility of such damages). In no event shall Proactive ‘I’ , its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for special, exemplary, incidental, consequential, punitive or tort damages resulting from loss of use, loss of data, loss of profits or loss of business arising out of or in connection with these Terms of Use, including without limitation any such damages arising out of or in connection with the use of the Services and the Website or any linked site, whether or not Proactive ‘I’ or its licensors have been advised of the possibility of such damages. Proactive ‘I’ uses its best endeavors to ensure the confidentiality and secrecy of user information and authorization. If the authorization code has been lost, misplaced, or revealed to another person, Proactive ‘I’ should be immediately intimated in writing of the same, failing which, you may be liable for the following consequences: (i) Honoring any instruction given through your account using your authorization or identification code; (ii) Any alteration, deletion or dissemination of your confidential information about you in the account/profile maintained by you on the Website; and; (iii) Any unlawful act or authorization carried out using the stolen identification and authorization codes.

Once intimated to Proactive ‘I’ in writing, Proactive ‘I’ will utilize all methods at its disposal to control the damage at the earliest. Proactive ‘I’ shall not be liable for any loss or damage arising out of or in connection with: any error or inaccuracy in the data entered by you or any other User; and any negligence, breach of contract, misrepresentation or willful misconduct of the User. External Links – The Website contains links to other Internet sites and telephone numbers for content maintained by third parties (“Linked Sites”) as a convenience for its Users. The Linked Sites are not under the control of Proactive ‘I’ and we are not responsible for the availability or contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. These Linked Sites shall be governed by their own policies. The availability of such Linked Sites does not constitute any form of recommendation, advice, endorsement or publication of any such Linked Sites. Proactive ‘I’ is not responsible for the materials contained at any website linked to this site and Proactive ‘I’ cannot guarantee that such third party content, in the Services or elsewhere, will be free of malware or other contaminants that may harm your computer, mobile device, or any files therein. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Services, such activity would be solely between you and the third party. We shall have no liability, obligation or responsibility for any such activity.

Unlawful Or Prohibited Use – As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by or under any law, rules, orders, regulation, notification or circular issued by any local or governmental body in India, or these terms, conditions, and notices.

You may not use the Services in any manner that could damage, disable, overburden, impair or violate the security of the Website, or interfere with any other party’s use and enjoyment of the Services. Violation of the system or network security may result in civil of criminal liability. Pursuant to the same, the User is prohibited from carrying out the following activities: accessing or attempting to access data, Services, Content, computer systems or networks connected to any Proactive ‘I’ server, not intended for such User or logging onto a server or an account that the User is not authorized to access through any means including hacking, password mining, etc.; obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Services; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” sending unsolicited emails, SMSs, WhatsApp calls and messages, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Proactive ‘I’ does not intend to offer the Services to persons or entities outside India where such Services would be in contravention with applicable laws and regulations. Accessing the Website and availing the Services from territories where the Content, the Services or functionality of the Website or any portions thereof is illegal, is expressly prohibited.

Indemnification
You shall defend, indemnify, and hold harmless Proactive ‘I’ , its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to
(i) your use or misuse of, or access to, the Website, Service, Content or otherwise from your User Content,
(ii) violation of these Terms of Use and/or Privacy Policy,
(iii) infringement by you, or any third party using the your Account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Proactive ‘I’ ),
(iv) breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms of Use, or
(v) violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. Proactive ‘I’ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Proactive ‘I’ in asserting any available defenses. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. We reserve the right to enforce our rights under this provision by withholding amounts otherwise due to you under these Terms of Use.

Further you hereby agree that all payments with respect to refunds and chargebacks shall be your sole responsibility and Proactive ‘I’ shall not be liable for any claims, disputes, penalties which may arise in connection with such refunds or chargebacks. You agree to indemnify Proactive ‘I’ in respect of any claims, disputes, penalties, costs and expenses arising directly in relation to refunds or chargebacks for all transactions initiated and instructed through the Website.

This clause shall survive the expiry or termination of these Terms of Use.

Confidentiality
During the course of your use of our Services and access to the Content, you may receive information relating to us or to our Services, that is not known to the general public (“Confidential Information”). You agree that: (a) all Confidential Information will remain Proactive ‘I’ exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in our Services; (c) you will not otherwise disclose Confidential Information to any other person or third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Use. You may not issue any press release or make any public statement related to our Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

Miscellaneous
Governing law and Dispute Resolution – These Terms of Use contained herein shall be governed by and construed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.. Notwithstanding the foregoing, Proactive ‘I’ may seek injunctive relief in any court of competent jurisdiction in respect of any matter concerning the infringement of its intellectual property rights or the use of its Services to infringe any third party’s intellectual property rights.

Independent Parties – You and Proactive ‘I’ are independent contractors, and nothing in these Terms of Use will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. These Terms of Use will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties to these Terms of Use any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions herein are intended to be and are for the sole and exclusive benefit of Proactive ‘I’ and the Users.

Assignability – The Website may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms of Use to any other party, unless written consent is taken from Proactive ‘I’.

Severability – If any provision of these Terms of Use are found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Waiver- Failure by the Website to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

Interpretation – In these Terms of Use, headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of these Terms of Use; any reference in these Terms of Use to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of these Terms of Use; and any reference to a time limit in these Terms of Use means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.

Grievance Officer and Customer Support
In the event you wish to make a complaint regarding any violation of the provisions of these Terms of Use, you may send a written complaint to the Grievance Officer, who shall redress the complaint within 1 (one) month. If you have any questions regarding the Services or the Website or in relation to these Terms of Use or the Privacy Policy, or if you want to exercise any of your rights under these Terms of Use, you can contact us at support@proactivei.in