TERMS & CONDITIONS

LAST REVISION: 30th April, 2018

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR TAKING ADMISSION TO THE PROGRAM FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, http://www.theemployeefactory.com; www.technoflairlab.com (the "Websites"), the program, courses and services available from the Site (the "Program"), and the training services made available on or through the Site and the software (the "Services"), are owned, operated, and maintained, as applicable, by Techno Flair Lab Private Limited (herein after referred to as "we", "our", "us", or the "Company", as the case may be). The Site,Courses, Assessments, Quiz's and Services are, collectively referred to as the "Company Products". Techno Flair Lab Private Limited provides curated, specially designed and produced collections of Online Courses. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Techno Flair Lab Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Techno Flair Lab Private Limited will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Techno Flair Lab Private Limited encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Techno Flair Lab Private Limited for other products or services. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE - ALL OR ANY PORTION OF THE COMPANY PRODUCTS (including any referenced policies or guidelines). Please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. PRODUCTS

Terms of Offer:This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our call center reps or direct Techno Flair Lab Private Limited sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Techno Flair Lab Private Limited and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use to opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: [[email protected]].
3. You may send a written remove request to [B2/101, Kumar Primrose, Dholepatil Farms Road, EON Free Zone, Kharadi, Pune, Maharashtra 411014].
Proprietary Rights. Techno Flair Lab Private Limited has proprietary rights and trade secrets in the Products and the process by which service is provided from website. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Techno Flair Lab Private Limited. Techno Flair Lab Private Limited also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Service Tax. If you take any service from the company, you will be responsible for paying any applicable service tax.

II. WEBSITE

Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about Education, Training, Tips & Tricks, Tests and workshops. The Company Products enable the Users to learn via recorded videos, and learning services through our proprietary Software. The Services include, without limitation, facilitating and hosting Courses, and taking feedback from Users. Techno Flair Lab Private Limited does not always create the information offered on this Website; instead the information is often gathered from other free public sources. To the extent that Techno Flair Lab Private Limited does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Techno Flair Lab Private Limited does not endorse the contents on any such third-party websites. Techno Flair Lab Private Limited is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website: Techno Flair Lab Private Limited is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) Abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property). (2) Not interfere with or disrupt the use and enjoyment of the Website by other users, (3) Not resell material on the Website. (4) Not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication. (5) Not defame, harass, abuse, or disrupt other users of the Website.

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Techno Flair Lab Private Limited or the applicable third party (if third party content is at issue).

Evolving Nature of Services: The Company Products are new and subject to change at any time. We are continually looking to improve the Company Products but if you are at any time dissatisfied with the Company Products, then your sole remedy is to discontinue use of the Company Products.

Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Techno Flair Lab Private Limited a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Techno Flair Lab Private Limited does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Techno Flair Lab Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. Techno Flair Lab Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Techno Flair Lab Private Limited deems objectionable, in company's sole discretion.

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TECHNO FLAIR LAB PRIVATE LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TECHNO FLAIR LAB PRIVATE LIMITED MAKES NO WARRANTY. THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IV. LIMITATION OF LIABILITY

TECHNO FLAIR LAB PRIVATE LIMITED ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS GOVERNMENT TAXES AND MAINTAINACE FEE TWENTY FIVE PERCENTAGE, FOR PRODUCTS PURCHASED VIA THE WEBSITE. TECHNO FLAIR LAB PRIVATE LIMITED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Techno Flair Lab Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
(1) This Agreement or the breach of your warranties, representations and obligations under this Agreement;
(2) The Website content or your use of the Website content;
(3) The Products or your use of the Products (including Trial Products);
(4) Any intellectual property or other proprietary right of any person or entity;
(5) Your violation of any provision of this Agreement; or
(6) any information or data you supplied to Techno Flair Lab Private Limited. When Techno Flair Lab Private Limited is threatened with suit or sued by a third party, Techno Flair Lab Private Limited may seek written assurances from you concerning your promise to indemnify Techno Flair Lab Private Limited, your failure to provide such assurances may be considered by Techno Flair Lab Private Limited to be a material breach of this Agreement. Techno Flair Lab Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Techno Flair Lab Private Limited choice at its expense. Techno Flair Lab Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Techno Flair Lab Private Limited against any claim, but you must receive Techno Flair Lab Private Limited prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

VI. PRIVACY

Techno Flair Lab Private Limited believes strongly in protecting user privacy and providing you with notice of online portal use of data. Please refer to Techno Flair Lab Private Limited privacy policy, incorporated by reference herein, which is posted on the Website.

VII. AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

VIII. GENERAL

Force Majeure: Techno Flair Lab Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Techno Flair Lab Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and Techno Flair Lab Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Techno Flair Lab Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Governing Law, Jurisdiction: This Website originates from the Pune, Maharashtra. This Agreement will be governed by the laws of the State of [Maharashtra] without regard to its conflict of law principles to the contrary. Neither you nor Techno Flair Lab Private Limited will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [Maharashtra]. By using this Website or ordering Products, Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) Year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: Techno Flair Lab Private Limited reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Techno Flair Lab Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Techno Flair Lab Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Techno Flair Lab Private Limited chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: Techno Flair Lab Private Limited makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment You may not assign your rights and obligations under this Agreement to anyone. Techno Flair Lab Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IX. THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:

1. Content that defames, harasses or threatens others;
2. Content that discusses illegal activities with the intent to commit them;
3. Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
4. Profane, pornographic, obscene, indecent or unlawful content;
5. Advertising or any form of commercial solicitation;
6. Content related to partisan political activities;
7. Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property;
8. Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

X. USER ACCOUNTS AND AUTHORITY

In order to participate fully in Site activities, you must provide your name, an email address and a user password in order to create a user account ("User Account"). You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current. We care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information about you Techno Flair Lab Private Limited collects and how Techno Flair Lab Private Limited uses that information.

XI. AUTHENTICATION

In order that Techno Flair Lab Private Limited can authenticate your identity as required by these TOS, you will take photo of yourself and submit to our website. Once submitted to us, this information will be subject to the company Privacy Policy and will be used only for the purpose of verifying your identity. You are also required to upload any of below acceptable forms of photo ID's:
1. Passport
2. PAN Card
3. College Identity card

In order to be accepted by Techno Flair Lab Private Limited, your photo ID must:
1. Contain your full name exactly (excluding hyphens, accents and spaces).
2. Contain a relatively current photograph of yourself.
3. Be an original document; photocopied documents cannot be accepted.
4. Be current and valid; expired documents cannot be accepted.

Unfortunately, if you do not possess a photo ID meeting the criteria described above, Techno Flair Lab Private Limited is unable to provide you with an ID Verified Certificate at this time.

XII. DIGITAL MILLENNIUM COPYRIGHT ACT

Copyright owners who believe their material has been infringed on the Site should contact Techno Flair Lab Private Limited designated copyright agent at [email protected] or at
Office Address:
B2/101, Kumar Primrose,
Dholepatil Farms Road, EON Free Zone,
Kharadi, Pune, Maharashtra 411014,
Attention:
Director,
Techno Flair Lab Private Limited.

XIII. Notification must include:

1. Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
3. Information for us to be able to contact the complaining party (e.g., email address, phone number).
4. A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
5. A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Entire Agreement: These TOS, the Privacy Policy, Disclaimer together constitute the entire agreement between you and Company with respect to your use of the Site, superseding any prior agreements between you and Company regarding your use of the Site.
Course Withdrawal and Refunds: For a period of seven (07) calendar days from the course start date (?Drop Period?), you may withdraw or unregister from the course by clicking on the unregister link on the student dashboard and request a refund by emailing to [email protected] . Please include your full name and order number in your email request. Refunds will be credited to the credit card used when you registered and may take up to four billing cycles to process. Techno Flair Lab Private Limited has no obligation to issue a refund after the Drop Period, but if you believe a refund is warranted, please email us at [email protected].
No Other Enrollment: When you take a course through www.theemployeefactory.com online learning portal under guarantee placement program, you will not be an applicant for admission to, or enrolled in, any degree program of the Member as a result of registering for or completing a course provided by such Member through www.theemployeefactory.com. You will not be entitled to use any of the resources of the Member beyond the online courses provided on the Site, nor will you be eligible to receive student privileges or benefits provided to students enrolled in any other programs of the Member.

XIV. The Referral Program Terms and Conditions:

Welcome to the The Employee Factory customer referral program. You’ll find all the legal T&Cs further down the page, but let’s get started with the basics: When you refer someone to The Employee Factory website and they purchase a paid subscription, you’ll each receive a referral bonus in your account. The following terms and conditions govern your participation in the The Employee Factory Customer Referral Program, which we’ll call Program here for short. The Program is run by us; Techno Flair Lab Pvt. Ltd. or The Employee Factory Software. The Participants referred by you (a Qualified User), and the person you’ve referred (a Referred User), to be eligible for a reward, you, as participants must agree to be bound by the rules described below.

1. Referred User: Someone who’s been referred to The Employee Factory by a Qualified User. You become a Referred User by using referral’s unique coupon code from a qualified user and creating a new account on The Employee Factory software (Referred Account). Only the person who creates the Referred Account is considered the Referred User, and there can only be one Referred User for each Referred Account created.
2. Referred Account: A new The Employee Factory account created by a Referred User through a Qualified User’s unique coupon code.
3. Qualified User: An active member of an account that has a paid subscription to The Employee Factory at the time the referral is made.
4. Eligible Referral: A Referred Account qualifies as an Eligible Referral if all of the following conditions are met:
A. The Referred Account is created on The Employee Factory software by the Referred User through the Qualified User’s unique coupon code.
B. The Referred User is not a member of any other The Employee Factory account (whether they’re active, expired or canceled or a paid, free or trial account).
C. The Referred User was not referred to The Employee Factory at an earlier date by someone else.
D. The first payment submitted by the Referred Account to The Employee Factory was successfully processed.
E. The Referred Account created by the Referred User must not be for a company associated with any other The Employee Factory accounts (whether they’re active, expired or canceled or a paid, free or trial account).
F. If you receive a referral bonus, you (as a Participant) are responsible for all applicable taxes and fees resulting from it. By participating in the Program, you release The Employee Factory and their agents from all liability, including, without limitation, with respect to the Reward.
G. Please note that if you are a Qualified User, the email, first name, profile ID, you used to create your The Employee Factory profile may be appended to your unique coupon code.
5. By taking part you agree:
A. To comply with all applicable commercial and public anti-bribery laws.
B. To send referral emails only to people that you know.
C. Not to engage in any activity that may be considered fraudulent or invasive or that may be considered spamming.
6. Payout:
A. To request payout there is no minimum referrals required.
B. You can contact The Employee Factory to release your referral bonus anytime you want.

The Employee Factory reserves the right to change these terms and conditions at any time without notice.

XV. The Cashback Program Terms and Conditions:

The cashback program is applicable to Referred Account only:

1. The Referred Account users use a unique coupon code from a qualified user and make the payment online to upgrade the membership on The Employee Factory software.
2. Each unique coupon code can provide you a cashback in your PayTM account.
3. A Referred Account should have PayTM account in order to receive cashback offer.
4. Only one coupon is applicable for one account.