TERMS AND CONDITIONS OF MEMBERSHIP

This website: www.jobsforher.com/herkey (Website) is owned and operated by JobsForHer Restart Portal Private Limited (“Company”). Through the Website, the Company provides a platform for professional skill development and networking opportunities for women who are enrolled (each a “Member”) in the HerKey Club (“Club”) for the period specified in the application (“Membership”). Upon gaining Membership status, a Member shall be considered to have subscribed to the services providing them with learning, networking and leadership skill development opportunities (“Services”).

The terms ‘Company’ or ‘us’ or ‘we’ refer to the owners of this Website. The term ‘you’ refers to the user or viewer of our Website, including a Member who has subscribed to the Services on the Website, as the context requires.

By browsing, viewing, using the Website, applying for Membership, and availing the Services provided therein you consent to and agree to comply with these Terms and Conditions of Membership (“Terms”), and the Company’s Privacy Policy available at [www.herkey.club/privacy-policy].

The Company provides the Services offered on this Website subject to the notices, terms, and conditions set forth in these Terms. In addition, when you subscribe to the Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, which will be deemed to be incorporated into these Terms by reference. The Company reserves the right to change or modify the Website, the contents thereof and these Terms at any time without any prior intimation to you. All modifications will be posted on the Website and will become effective immediately upon such posting to the Website. Please review these Terms regularly to remain informed of any change. These Terms were last modified on Friday, February 7, 2020 .

1. Age of Majority

You will be eligible to subscribe to the Services on the Website only if you are competent to contract under applicable law. You must be above eighteen (18) years of age or above the age of majority as per the law applicable to you and not disqualified from contracting by any law to which you are subject.

2. Membership

n general, you can visit our Website without revealing your identity or any personal information about yourself. While you may visit the Website without being enrolled as a Member, some portions of the Website may be accessible to the Members only.

To apply for Membership to the Club, you must fulfil the following requirements:

a. a. Registration: You may apply for Membership to the Club through https://www.jobsforher.com/herkey or any other third-party website stipulated by us (“Registration Portal/s”). The information sought at the time of application may include your username, name, age, email address, place of residence, educational qualifications, work experience, designation, and phone number. Your usage of the Registration Portal shall be in accordance with the terms and conditions as adopted and implemented by such Registration Portal.

b. Application must be evaluated and accepted by our internal Screening Committee: A committee formed by the Company will lay down certain requirements from time to time for evaluating and accepting an applicant as a Member (“Screening Committee”), which requirements may be made available on the Registration Portal, per our discretion. We recommend you read these requirements carefully prior to submitting your application. The Screening Committee will have the sole right to waive any of the terms and conditions for any particular applicant. The Company will attempt to process your application promptly but does not guarantee that your Membership will be activated by any specified time. You understand and agree that by submitting your application, you are making an offer to us to purchase a Membership. Your offer to purchase the Membership will be accepted by us only when we deem your application successful, and the Company shall convey the same to you in writing. The Screening Committee reserves the right to reject any application, for any or no reason

c. Payment of Membership Fee: If the Screening Committee deems your application successful, the Company shall communicate the same to your e-mail address, and you will be required to make the appropriate payment as per Section 4 of these Terms, within ninety (90) days of notification from the Company. If you complete the payment successfully, we will provide you with Membership status and a password-protected Membership account (“Membership Account”), and you may avail the Services. In the event wherein you fail to complete the payment, you shall be denied Membership status, and will not be able to avail the Services. If you fail to qualify as a Member, you may make a fresh application in the manner prescribed above, through the Registration Portal after a period of ninety (90) days of submission of the initial application form, to be considered for Membership.

The Company reserves the right to terminate the Membership Account at any time if it is found that you have provided any inaccurate information, or if it is found that you have been sharing the password with any unauthorised user. You agree that you may not sell or otherwise transfer your Membership Account to any third party. All actions performed by any person using your Membership Account and password shall be deemed to have been committed by you and you shall be liable for the same. You are responsible for maintaining the confidentiality of your Membership Account and password and for restricting access to your computer or mobile phone and agree to accept responsibility for all activities that occur under your Membership Account.

3. Services

The Company will provide the Members with various Services, including opportunities to participate in offline events organized by the Club on a monthly basis along with online networking events on a regular basis which shall be notified to Members during the course of their Membership at the Club. A preview of the Services is available to all Members of the Club, but the actual participation for certain events may be limited to Members who will be selected upon registration for the events on a first come first serve basis. The Services made available to you are subject to change, the final decision of which lies with us. You agree that the offline events offered as part of the Services, which require your physical presence may not be held in the city of your choice, and you may need to travel at your own expense to attend such events. The Company reserves the right to reschedule or cancel any events by providing Members with written notice of the same. In addition to the Services, the Company may publish monthly newsletters on the Website, available to all users of the Website.

4. Payment Terms:

The fees and any other charges due from you in connection with your application for Membership to the Club (including any applicable taxes) shall be as per the rates in effect at the time at which it is charged (“Membership Fees”).

When you purchase a Membership, you must provide us with complete and accurate payment information. By submitting payment details, you promise that you are eligible and entitled to purchase a Membership using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend access to your Membership Account and your status as a Member. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.

Membership packages and price may also vary in time. The Company reserves the right to introduce new Membership packages from time to time.

The Company uses the services of third-party payment service providers to process your payment of Membership Fees. Accordingly your usage of such third party services shall be in accordance with the terms and conditions as adopted and implemented by such service provider, and the Company shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such service provider or any actions taken by the Company in respect of the same.

Membership Fees will be billed at the beginning of your application and upon renewal of your Membership. As a general matter, all fees and charges are non-refundable. We offer refunds solely for any technical payment errors whereby one payment made to us gets processed multiple times, for which we shall refund only the repeated payments credited to our bank account, upon your written request. For example, while processing a payment of INR X, if we are credited INR 2X by your bank, we shall be obliged only to refund INR X and not INR 2X. Any technical payment errors are not attributable to us, and we shall not be bound to refund any repeated payments which have not been credited to out bank account. If you are entitled to such a refund under these terms and conditions, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired, in which case we will contact you. We may change the Membership Fees and charges then in effect or add new fees or charges which will take effect at the end of your Membership, by giving you notice in advance and an opportunity to cancel. If you believe someone has accessed the Website using your Membership Account and password without your authorization, please immediately notify at inquiry@herkey.club.

5. Pricing

The current schedule of Membership Fees is available on a third party platform: www.instamojo.com. We may revise the Membership Fees from time to time and/or across geographies. You agree to pay the fees at the rates applicable at the time and place of purchase of your Membership. The duration of Membership offered by the Company are listed in the schedule of Membership Fees referenced above. Unless otherwise indicated, Membership Fees are inclusive of all applicable taxes, including Goods and Service Tax (GST).

If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a Membership at that price, even if we have mistakenly accepted your offer to avail a Membership at that price, and we reserve the right to subsequently notify you of any pricing error. In such an event, you may cancel the Membership without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices within seven (7) days of such notification, then we will have no further obligation to refund you any money you have paid us, and may cancel your Membership at our sole discretion. We will always act in good faith in determining whether a genuine pricing error has occurred.

6. 6. Term, Renewal, Cancellation

You can choose a Membership of the term and duration offered by the Company as listed in the schedule of Membership Fees referenced above in Section 5 of these Terms. These Terms shall remain in full force and effect while you use the Services.

For renewal of Membership, we will notify you of the pending renewal of your Membership at least fifteen (15) days prior to the date of the expiry of your Membership term, except as otherwise required by law. In certain circumstances, we may also request you to provide updated information pertaining to your then-current qualifications, designation and work-profile prior to notifying you of your pending renewal. In such cases, we reserve the sole right to refuse to permit renewal of your Membership if we believe that your updated profile does not suit the goals of our Club. Any such decision will be communicated to you in writing and you shall not be given access to your Membership Account after the expiry of your Membership term. If we do not notify you of any such decision within [•] days of receipt of your updated information, you may choose to renew your Membership.

Any new or renewed Membership to the Club commences immediately on the realisation of payment of the Membership Fees, and there may be no cancellation once the Membership is active. You may renew the Membership within three (3) months of expiry of the Membership.

If you fail to renew the Membership within the said three (3) months of expiry of the Membership term, your Membership and access to the Membership Account will automatically be terminated.

The Company reserves the right to suspend or terminate your Membership if you breach these Terms, with or without notice and without further obligation to you. We may also suspend or terminate your Membership if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish the Website, the Website content or cease to provide Services. The Company will give you at least fifteen (15) days’ notice of this, if possible. If we do so, then we will have no further obligation to you except for a refund of the unexpired period of your paid Membership Fees. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your Membership.

If you are an applicant for Membership, but not a Member, then the Company reserves the right to suspend or reject your application at any time, with or without notice and without further obligation to you. If you would like to cancel your application, then please contact inquiry@herkey.club.

In addition to any Membership Fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Website or using the Services available on it.

7. Cool-off Period

You agree and undertake that for three (3) months after the expiry of the Membership term, or until the renewal of your Membership as per the Terms, you will not be eligible to avail any Services, but the Company may, but is not obligated to, continue to provide you access to your Membership Account (“Cool-off Period”). You may choose to renew your Membership upon appropriate payment during this Cool-off Period. If you fail to renew your Membership during the Cool-off Period, your Membership account will be deleted, and you will cease to be a Member of the Club.

8. Website Content

This Website is controlled and operated by the Company. All materials, including illustrations, statements, opinions, views, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Except where otherwise agreed in writing with the Company, material on the Website is solely for your personal, non-commercial use. Except as provided below, you must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Company, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this Section.

You agree not to rearrange or modify the Content available through the Website. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by these Terms. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.

You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.

As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.

You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a Membership. You may only share publicly available Content with any third party using the “share” option corresponding to the Content.

You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.

You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Website if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person's rights or violate these Terms.

9. Prohibited Content

The Website includes comments sections, blogs and other interactive features that allow interaction among users and between users and the Company. We call the information posted by or contributed by users “Contributed Content”.

In the course of availing of the Services or uploading any post or comment on the Website, you shall not post any Contributed Content that (i) contains nude, semi-nude, sexually suggestive photos, (ii) tends or is likely to abuse, harass, threaten, impersonate or intimidate other users of the Website and/or Services, (iii) is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely to use or have access to the Website and/or Services, or (iv) otherwise violates, is prohibited or restricted by applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of other users of the Website and/or Services (collectively “Prohibited Content”).

The Company reserves the right to cease to provide you with the Services or with access to the Website, prevent you from accessing the Website and/or Services and terminate your Membership, with immediate effect and without notice and liability, for posting any Prohibited Content, and reserves the right to remove Prohibited Content which is in violation of these Terms, or is otherwise abusive, illegal or disruptive. The determination of whether any content constitutes Prohibited Content, violates these Terms, or is otherwise abusive, illegal or disruptive, is subject to the sole determination of the Company.

10. Limitations of content published on the Website

All content published on the Website (including any information we publish regarding third party products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, content created by the Company, its syndication partners and including Contributed Content and any other content provided by third parties and distributed by the Website, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by the Company. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Website are at your own responsibility and entered into at your own risk.

11. Advertisements

In consideration for Company granting you access to and use of the Website and Services, you agree that Company and its third party service providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by them or others. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. The Company will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsors materials.

12. Warranty and Liability Disclaimer

The Company is constantly endeavouring to improve the quality of Services provided to you. Due to this, the form and nature of Services provided may change from time to time without any prior notice to you. The Company reserves the right to introduce and initiate new features, functionalities, components to the Website and/or Services and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, the Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Website without any prior notice to you. The Company may also prescribe certain limits on the use of the Website and/or Services or storage of Content at its sole discretion without any prior notice to you while at all times complying with its Privacy Policy.

The Website, all the materials and Services, included on or otherwise made available to you through this Website is provided by the Company “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:

  • This Website and/or Services will be constantly available, or available at all;
  • The information on this Website or provided through the Services is complete, true, accurate or not misleading; or
  • The quality of any products, services, information, or other material that you obtain through the Website or Services will meet your expectations.

The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Website, Content, Contributed Content, Services, software, text, graphics and links.

The Company does not warrant that this Website; information, content, materials, or Services included on or otherwise made available to you through this Website; their servers; or electronic communication sent from by Company are free of viruses or other harmful components.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind.

13. Accuracy of Information

The information presented on this Website or as part of the Services has been compiled by the Company from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. Further, the Company makes no representation or warranty as to the completeness or accuracy of any information by any other user, Member or third party involved in providing the Services. This Website may contain typographical errors, incomplete or out of date information. The Company reserves the right to make changes to the Content, Contributed Content and information on this Website, or to the Services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information.

14. Indemnification

You (a) represent, warrant and covenant that no materials of any kind provided by you will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous, Prohibited Content or other unlawful material; and (b) hereby agree to indemnify, defend and hold harmless the Company and all of the Company’s officers, directors, owners, agents, customers/clients, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable advocate's fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

15. Term and Termination

These Terms will remain in full force and effect while you continue the use of the Website and/or avail of the Services at any level.

The Company reserves the right to cease to provide you with the Services or with access to the Website, prevent you from accessing the Website and/or Services and terminate your Membership, with immediate effect and without notice and liability, for violating these Terms, or violates any applicable law, rules or regulations. The Company further retains the right to deny access to the Website and/or the Services to anyone who it believes has violated any of these Terms or does not accept these Terms and retains the right to terminate the Membership of such person.

You may terminate these Terms by cancelling your Membership.

16. Infringement of Copyright

In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Website, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: inquiry@herkey.club.

-- A clear identification of the copyrighted work allegedly infringed;

-- A clear identification of the allegedly infringing material on the Website (with specific URL reference);

-- Your contact details: name, address, e-mail address and phone number;

-- A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Website is not authorized by your agent or the law;

-- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

-- Your signature or a signature of your authorized agent.

17. Applicable Law

This Website, including the Content and Contributed Content and information contained herein, and the provision of Services shall be governed by the laws of the Republic of India and the courts of Bengaluru, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern any transaction completed using this Website.

18. Information Gathered and Tracked

Information submitted or collected on the Website or pursuant to the use of the Services is stored in a database. Specifically, we store the username, name, e-mail address, contact number, as submitted or collected on our Website or through the provision of the Services. We may use such information to send occasional promotional materials, including alerts on new Services available, or other promotional and marketing material relating to our clients and customers.