Terms of Use | POSH Compliance
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Terms of Use

Introduction

Welcome to https://poshcompliance.org/ ("Website"). The Website is owned and operated by TalentXL Consulting LLP ("Company", "we", "us" or "our"). These Terms of Use ("Terms") govern your access to and use of the Website, including the purchase, download and use of any policies, templates, forms, toolkits, guidance notes, training-related documentation and guidance resources, reports, checklists and other content made available through the Website (collectively, the "Materials"). By accessing the Website, purchasing any Materials or otherwise using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Website immediately. This Terms shall at all times be read together with the Privacy Policy as available at [poshcompliance.org/privacy-policy].

Eligibility

By using the Website, you represent and warrant that:

  • You are legally competent to enter into a binding agreement under applicable law;
  • You are authorized to act on behalf of the organization purchasing the Materials, where applicable and bind such organization to these Terms; and
  • All information provided by you is accurate, complete and current.

Where the purchaser is an organization, these Terms shall be binding upon both the individual completing the purchase and the organization on whose behalf the purchase is made.

Nature of the Materials

The Materials available through the Website are professionally prepared templates, policies, forms, checklists, guidance notes and compliance-support documents intended to assist organizations in establishing and maintaining workplace compliance frameworks. The Materials are intended to provide a structured starting point for organizations and are not customized to the specific circumstances of any particular organization.

Professional Disclaimer and No Legal Advice

The Materials made available through the Website are provided solely for general informational and compliance-support purposes. The Materials are designed to assist organizations in establishing and strengthening workplace compliance frameworks, including compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the rules framed thereunder. However, the Materials are generic in nature and may not address the specific circumstances, operational requirements, workforce structure, industry practices or legal obligations applicable to a particular organization.

Nothing contained on the Website or within the Materials constitutes, or should be construed as:

  • legal advice;
  • legal opinion;
  • legal representation;
  • consultancy services;
  • professional advisory services; or
  • a substitute for obtaining independent legal or professional advice.

Users are solely responsible for evaluating, reviewing, adapting, customizing and implementing the Materials in a manner appropriate for their organization and applicable legal requirements.

While reasonable efforts have been made to ensure that the Materials are professionally prepared and aligned with applicable legal frameworks as of the date of publication, the Company does not warrant that the Materials are complete, accurate, current, suitable for any specific purpose or sufficient to ensure legal compliance in every circumstance.

Users are encouraged to seek independent legal advice before adopting, modifying or implementing any document, policy, procedure or compliance framework obtained through the Website.

No lawyer-client relationship, consultant-client relationship, fiduciary relationship, advisory relationship or other professional relationship is created through access to the Website, purchase of the Materials, correspondence with the Company or use of the Materials.

Pricing and Payments

All prices displayed on the Website are stated in Indian Rupees (INR). The Company reserves the right to modify pricing, package contents, product descriptions and offerings at any time without prior notice. Payments are processed through authorized third-party payment service providers. The applicable payment gateway will be identified at the point of checkout. Access to purchased Materials shall be provided only after successful payment confirmation.

Digital Delivery

The Materials are supplied electronically. Upon successful completion of payment, users will receive access to the purchased toolkit or downloadable Materials through the delivery mechanism specified on the Website. Users are responsible for ensuring that the email address and other contact information provided during the purchase process are accurate and current.

Refund Policy

Due to the digital nature of the Materials, all purchases are final. Once access to the purchased Materials has been granted, no refund, cancellation, exchange or credit shall be available. Notwithstanding the foregoing, the Company may, at its sole discretion, provide replacement access or an appropriate remedy where a technical issue attributable to the Company prevents delivery of the purchased Materials. Nothing in this clause shall limit, restrict or exclude any rights or remedies that cannot be limited, restricted or excluded under applicable laws including but not limited to the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020.

Licence Grant

Subject to payment of the applicable fees and compliance with these Terms, the Company grants the purchasing organization a limited, non-exclusive, non-transferable and revocable licence to use the purchased Materials for its internal business and compliance purposes.

The purchasing organization may:

  • download and store the Materials;
  • customize the Materials for internal use;
  • reproduce the Materials internally within the organization; and
  • implement the Materials as part of its workplace compliance framework.

Except as expressly stated herein, no ownership rights are transferred through the purchase of the Materials.

Single Organisation Licence

Unless expressly agreed otherwise in writing, each toolkit purchased through the Website is licensed solely to the organization identified as the purchaser at the time of purchase. The licence granted under these Terms is limited to the internal business and compliance purposes of the purchasing organization and may not be shared, sublicensed, distributed, transferred, resold, repackaged or otherwise made available to any third party. Where a law firm, consultant, HR advisory firm, compliance service provider or other intermediary purchases a toolkit, such purchase authorizes use only for the intermediary's internal purposes and does not permit deployment, reuse, customization or implementation of the Materials for multiple clients without obtaining a separate commercial licence from the Company. Any unauthorized sharing, redistribution, resale or commercial exploitation of the Materials shall constitute a material breach of these Terms and may result in suspension of access, termination of the licence and the pursuit of available legal remedies.

Emails regarding commercial or multi-client licensing arrangements may be directed to hello@poshcompliance.org.

Intellectual Property Rights

All intellectual property rights in the Website and the Materials, including copyrights, trademarks, trade names, designs, layouts, graphics, compilations, templates, documentation and other proprietary content, are and shall remain the exclusive property of the Company and/or its licensors. Nothing contained in these Terms shall operate to transfer any intellectual property rights to users.

User Conduct

Users agree not to:

  • use the Website for any unlawful purpose;
  • interfere with the operation or security of the Website;
  • attempt to gain unauthorized access to any system or network;
  • upload malicious software, viruses or harmful code;
  • circumvent access controls or security features; or
  • engage in any activity that may impair the functionality of the Website.

Third-Party Services

The Website may contain links to or integrate with third-party websites, payment processors or services. The Company does not control and is not responsible for the availability, content, privacy practices or security measures of such third parties. Use of third-party services shall be governed by the applicable terms and policies of those third parties.

Disclaimer of Warranties

The Website and Materials are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable laws of India, the Company disclaims all representations and warranties, whether express, implied or statutory, including warranties relating to accuracy, completeness, merchantability, fitness for a particular purpose, availability and non-infringement.

The Company does not warrant that:

  • the Website will operate uninterrupted or error-free;
  • the Materials will meet every user's requirements;
  • the Materials will guarantee legal compliance;
  • the Website will always be secure; or
  • the Website will be free from viruses or other harmful components.

Limitation of Liability

To the fullest extent permitted by applicable law, the Company, its affiliates, directors, officers, employees, contractors, consultants, licensors and representatives shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages arising out of or relating to:

  • access to or use of the Website;
  • inability to access or use the Website;
  • use of or reliance upon the Materials;
  • implementation, modification or non-implementation of any document, policy, template or procedure obtained from the Website;
  • business interruption;
  • loss of revenue, profits, goodwill, opportunities or anticipated savings;
  • loss, corruption or disclosure of data; or
  • any third-party claim, demand or proceeding.

The Company shall not be liable for any regulatory action, statutory penalty, employment-related claim, labour dispute, workplace complaint, Internal Committee proceeding, inquiry, litigation, compliance deficiency, adverse finding by any authority or any other legal or commercial consequence arising from a user's implementation, modification, customization, non-implementation or reliance upon the Materials. The Materials are intended solely as compliance-support resources and do not guarantee legal compliance, regulatory approval, successful handling of workplace complaints or protection from legal proceedings. In no event shall the aggregate liability of the Company: (i) arising out of or relating to the Materials exceed the amount actually paid by the user for the specific Materials giving rise to the claim; and (ii) arising out of or relating to the Website or these Terms in any other case, exceed Rs.100/-.

Indemnity

Users agree to indemnify, defend and hold harmless the Company, its affiliates, directors, officers, employees and representatives from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

  • breach of these Terms;
  • misuse of the Website or Materials;
  • violation of applicable law; or
  • infringement of the rights of any third party.

Acceptable Use

Users shall not use the Website to transmit, publish or distribute any content that is unlawful, fraudulent, abusive, defamatory, obscene, hateful, infringing or otherwise prohibited under applicable law. Unauthorized access to accounts, misuse of login credentials, attempts to compromise Website security or other unauthorized activities may result in suspension or termination of access and may attract appropriate legal action.

User Communications and Transactions

Any communication, interaction or transaction undertaken through the Website shall be solely between the relevant parties involved in such communication or transaction. To the fullest extent permitted by law, TalentXL Consulting LLP shall not be responsible for the accuracy, reliability, completeness, quality, legality or suitability of content, communications, representations or transactions conducted by users through the Website.

Suspension and Termination

The Company reserves the right to suspend, restrict or terminate access to the Website or Materials where it reasonably believes that a user has violated these Terms or applicable law. Termination shall not affect any rights or obligations accrued prior to termination.

Changes to the Website and Terms

The Company may modify, suspend or discontinue any aspect of the Website or Materials at any time. The Company may also amend these Terms from time to time. Updated Terms shall become effective upon publication on the Website unless otherwise specified. Continued use of the Website following publication of revised Terms shall constitute acceptance of the revised Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Subject to applicable law, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the use of the Website.

Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.

Contact Information

For any questions regarding these Terms or the Website, users may contact: hello@poshcompliance.org