TERMS OF USE
We at Simpli5sales.com (“Platform”) are dedicated to enhance the sales performance of the businesses through a holistic approach. Our purpose is to help organisations build and develop world-class sales teams through our five key sales talent enablement solutions which include –
a) assisting companies in recruiting top-tier sales professionals;
b) providing tailored training programs to upskill sales teams;
c) offering personalized coaching to enhance individual sales capabilities;
d) delivering strategic consulting to optimize sales processes and strategies;
e) conducting thorough talent assessments.
These Terms of Use (“Terms”) constitute a binding agreement between each User and the Platform, including but not limited to its subsidiaries and Affiliates, so please read them carefully. Before using our Platform, you are required to read, understand, and agree to these Terms. By accessing or using the Platform each time whether as a guest or a User, you agree to be bound by these Terms including the Privacy Policy. You may not use or access the services of the Platform, if you do not agree with any part of the Terms stated herein. Your continued use of the Platform constitutes your acceptance of these Terms and to any future modifications made to such Terms.
The User’s relationship is with Simpli5sales, a company registered in India under the provisions of Companies Act, 2013, and the User agrees to be bound by the laws of India.
Any information that you provide to Simpli5sales is subject to the Platform’s Privacy Policy, which governs its collection and use of the information of the User. User understands that through their use of the services, they consent to the collection and use (as set forth in the Privacy Policy) of their information, including the transfer of this information to any other jurisdiction for storage, processing and use by the Platform. As part of providing services, we may need to provide the User with certain communications, such as service announcements and administrative messages. These communications are considered part of the services and the User Account, which the User may not be able to opt-out from receiving.
1. Definitions
1.1. “Affiliate”, in relation to a party, means an entity that directly or indirectly controls or is controlled by or is under common control with such party.
1.2. “Applicable Law” refers to all the relevant acts, statutes, rules, regulations, in force in India, including but not limited to, the Indian Technology Act, 2000 and any other legislation governing data protection and privacy laws in India.
1.3. “Content” refers to all information, text, graphics, photos, videos, audio and other materials provided, generated, or made available on the Platform, including but not limited to, the user-generated content such as reviews, feedbacks, as well as other materials.
1.4. “Personal Data” refers to any information that can identify an individual, including but not limited to the name, email address, phone number, physical address, IP address of the User, and any other information that can be used to uniquely identify, contact, or locate an individual.
1.5. “Platform” refers to Simpli5sales.com including the mobile application and any software, service, or program (including e-mail messages, notifications, and other messages).
1.6. “Review” refers to any comment, suggestion, feedback or insight provided by the User(s) regarding the performance, attributes, or features of the Platform.
1.7. “Third Party Service Provider(s)” refers to any individual, organization, external service providers, partners, advertisers, and any other entity with which the Platform may interact or share data with, to enhance or market its services, but which are not, in any manner whatsoever, are affiliated with the Platform.
1.8. “User” refers to any individual or entity, or any person acting on behalf of an individual or an entity, accessing, registering on, or using the Platform or any other service provided by the Platform.
1.9. “User Account” means a personalized profile created by an individual or an entity on the Platform to access the services of the Platform.
2. User Account and Responsibilities
When the User registers and/or creates an Account with the Platform, they must provide accurate, complete, and current information at all times, failure of which shall constitute a breach of these Terms and may result in the immediate termination of the User Account.
An individual shall not use the name of any other person or entity as a username for the creation of Account or a name which is not lawfully available for such use, or any name or trademark which may result in the breach of rights of any other person or entity, if used without the authorization of such person or entity, or a name that is offensive, vulgar, or obscene.
The User is solely responsible to safeguard the password they use to create and/or access their Account on the Platform and for any activities or actions under their password. This User responsibility is applicable notwithstanding that such password is shared with any Third Party Service Provider or is in the custody of the Platform itself.
The User furthermore agrees to not disclose their password to any third party and they must notify the Platform immediately upon becoming aware of any breach of security or unauthorised use of the User’s Account.
3. Content Guidelines
3.1. Rules Regarding User Content
The Platform allows the User to post relevant Content. The User(s) may post Reviews, comments, or any other Content relevant to their experiences with the services provided by the Platform. However, the User shall not post any Content which is inaccurate, disrespectful, and unlawful or which contains offensive, derogatory or inappropriate material or language. User(s) are furthermore prohibited from posting any Content on the Platform which infringes or violates any rights of a third party, including the intellectual property rights of such third parties.
3.2. Assurance of Anonymity
The Platform shall take all reasonable efforts to protect the anonymity of Reviews posted by the User(s) to safeguard their privacy. Notwithstanding the anonymity of the Reviews, the User(s) shall comply with the Content Guidelines stated herein and ensure that they use appropriate, respectful, and lawful language.
3.3. Content Moderation
The Platform reserves the right to review the Content posted by the User and consequently take any appropriate action, if the Content is found inappropriate upon such review, including removal of the Content violating these Content Guidelines. Furthermore, the User(s) who are found to be repeatedly violating these Content Guidelines may have their Account(s) suspended or terminated.
4. Disclaimer of Warranty
The Platform does not warrant that it will operate error-free or that any of the services offered by the Platform are free of any computer virus or other harmful mechanisms. If the use of the services and/or the Content available on the Platform results in the need for servicing or replacing equipment or in the loss of data or any other costs, the Platform shall not be liable for those costs. The services and the Content provided on the Platform are provided on an “As is” basis without any warranties of any kind. The Platform, to the fullest extent permitted by the Applicable Law, disclaims all warranties, whether express or implied, including the warranty of merchantability and non-infringement. The Platform makes no warranties about the accuracy, reliability, or completeness of the Content, services, software, and links on the Platform.
5. Limitation of Liability
5.1. Limitation on Damages
Notwithstanding the actual amount of damages a User may incur as a result of accessing/using the services and/or the Content provided by the Platform, to the fullest extent permitted by the Applicable Law, ANY liability arising out of or in connection with such use of the services and/or the Content of the Platform, regardless of the cause of action (whether in these Terms, Tort, Breach of Warranty, or otherwise) shall BE DETERMINED BY THE PLATFORM AT ITS SOLE DISCRETION BUT WHICH SHALL NOT, IN ANY CIRCUMSTANCES, EXCEED INR 100.
To the fullest extent permitted by the Applicable Law, in no event shall the Platform, its Affiliates, directors, employees, and Third Party Service Providers, be liable for any indirect, incidental, remote, special, consequential, or punitive damages, including but not limited to, loss of profits, loss of data, loss of employment opportunity or business interruption, resulting from the use or inability to use the Platform and/or the Content, or any conduct or Content of any third party on the Platform, or any Content obtained from the Platform, or any unauthorized access, use, or alterations of the User Content, whether based on warranty, contract, tort, or otherwise.
5.2. User Disputes
The User agrees to assume any and all risks associated with dealing with any third party. The Platform shall not be liable for any disputes or disagreements which may arise between the User(s) and any third party.
5.3. Data Breaches
The Platform agrees that it shall take all reasonable efforts to protect the Personal Data of the User from any and all external threats. However, the Platform takes no guarantee for absolute security of such data. In the event of the data breach of any User, the Platform shall not be held liable for any unauthorized access, disclosure, alteration, or destruction of such Personal Data of such User.
5.4. Service Interruptions
The Platform shall not be held liable for any interruptions, delays, or errors in the services, including any system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions on the Platform.
5.5. Third Party Links
The Platform may contain links to third party websites that are not owned or controlled by the Platform. The Platform assumes no responsibility over the content of such third party links and does not make any representations regarding the content or accuracy of the content of such third party websites. The User agrees to access the third party links at their own risk.
6. Prohibited Use
The Platform is intended to be used solely for the specified purposes of enhancing sales performance of the business through hiring, training, coaching, consulting, and assessments. Any other use of the Platform by the User is strictly prohibited. User(s) agree that they shall refrain themselves from posting or transmitting any Content
a) which is harmful, abusive, derogatory, defamatory, obscene or otherwise objectionable; or
b) which may result in the infringement or violation of the intellectual property rights of any third party; or
c) which is explicit in nature; or
d) which is in the form of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation, as well as any viruses, malware, or other harmful code.
User(s) additionally agree that they shall not attempt to gain unauthorized access to any other User Account, or any part of the Platform or computer systems connected with the Platform and they shall not attempt to interfere with or disrupt the performance of the Platform or any data contained therein. User(s) shall not impersonate any person or entity or falsely state or misrepresent their affiliation with a person or entity.
Any violation of the prohibitions stated herein by a User shall result in the removal of such prohibited Content and/or a penal action against the User, including but not limited to, the suspension or termination of the User Account.
7. Intellectual Property
The services and all the Content provided by or on the Platform, including but not limited to, text, logos, graphics, images, and software, shall remain the exclusive property of the Platform or of the Third Party Service Providers whose services have been hired by the Company to develop Content for the Platform. The services and the Content are protected by the copyright, trademark, and other intellectual property rights laws in force in India.
User(s) shall retain ownership of the Content they post or submit to the Platform, including reviews, comments, or any other contribution. However, the User(s) grant the Platform a non-exclusive, royalty-free, perpetual and worldwide license to use, reproduce, modify, distribute, and display such Content for the purpose of promoting the Platform’s services.
8. Confidentiality
The Platform shall take all reasonable efforts to safeguard the confidentiality of the Personal Data provided by the User(s) while accessing/using the services, however, it does not provide absolute guarantee of such confidentiality. Any breach of privacy owing to any technical fault or to any external threats, such as cyber attacks or to any other means, shall not make the Platform liable for any damages.
The User(s) agrees that the Reviews posted by them on the Platform shall not be kept confidential and such Reviews may be made accessible to the public at the sole discretion of the Platform.
9. Data Use & Privacy
The Platform is committed to protecting the privacy of its User(s). The Platform collects, uses, stores, and shares User data in accordance with its Privacy Policy. Personal Data is handled with utmost care and is used to enhance User experience and to improve the services of the Platform. For detailed information on how the Platform manages and protects User data, please refer to the Platform’s Privacy Policy (https://jobs.simpli5sales.com/privacy-policy).
10. Data Protection – Due to Hacking
The Platform employs robust security measures to protect Personal Data of every User; however, it does not undertake any absolute guarantee of such security. In the event of any cyber attack, including but not limited to hacking, the Platform shall not be held liable for any unauthorized access, use, or disclosure of Personal Data of the User(s). User(s) shall be notified of any significant data breaches as required by Applicable Law and regulations.
11. Maintenance of Service
The Platform may at any time deactivate or suspend a User(s) access to the it and/or the services provided by it without a prior notice to the User(s) in order to carry out the system maintenance, including but not limited to, routine updates, security enhancements, and any other necessary maintenance activities to ensure the optimal functioning and security of the Platform. The User(s) agree that they shall not hold the Platform liable for any interruptions or access issues resulting from such maintenance activities.
12. Modification of Service
The Platform reserves the right to modify or discontinue the services provided by it at any time, with or without giving notice to the User(s). Such modifications may include change in the features, functionality, or Content of services on the Platform. User(s) agree that the Platform shall not be held liable for any such modification or discontinuation of the services offered by the Platform.
13. Suspension of Service
The Platform may suspend the services provided to any User in the event any dues payable by such User for accessing/using the services are not paid. The suspension shall remain in effect until all outstanding dues are settled by such User. The User(s) agree that the Platform reserves the right to terminate the access to the services of the Platform for continued non-payment of dues by a User without prior notice to such User and the User shall not hold the Platform liable for any consequences resulting from such suspension or termination.
14. Termination
The Platform reserves the right, at its sole discretion, to pursue all legal remedies, including but not limited to the removal of the User Content from the Platform and immediate termination of the User Account or the User(s) ability to access the Platform and/or the services provided by the Platform upon:
a) Violation of these Terms and Conditions; or
b) Non-payment of any dues for a period of 30 days by the User; or
c) Engagement in any fraudulent, abusive, or illegal activities; or
d) Any other behaviour deemed detrimental to the Platform or its User(s).
User(s) may also delete or deactivate their Accounts with the Platform at any time through their Account settings or by contacting customer support services. Upon deactivation, access to the Platform and/or its services shall be terminated, after the outstanding dues (if any) of such User have been settled.
15. Force Majeure
The Platform shall not be held liable for any failure or delay in performing its services if such failure or delay is caused by circumstances –
a) beyond the reasonable control of the Platform; or
b) materially affects the performance of any of the services being offered by it; or
c) could not reasonably have been foreseen or provided against,
including but not limited to acts of God, war, terrorism, riots, acts of civil or military authorities, fire, floods, accidents, network infrastructure facilities, and strikes. In such an event the services offered by the Platform are suspended for the duration of the event.
16. Amendments
The Platform reserves the right to amend, modify, or update these Terms at any time. User(s) shall be notified of any such amendment or modification or update either via an e-mail or through an announcement on the Platform. Continued use of the Platform by any User after such amendment, or modification, or update, shall signify the User’s acceptance to the revised Terms.
However, User(s) shall have the right to delete or deactivate their Accounts if they do not agree with the amended Terms.
17. Miscellaneous Terms
17.1.Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws in force in India, without regard to its conflict of law of principles. In respect of all matters arising out of these Terms, the appropriate courts in Hyderabad, Telangana shall have jurisdiction.
Any dispute arising out of or in connection with these Terms, including any questions regarding their existence, validity, or termination, shall initially be resolved by amicable negotiations and, if not resolved through such negotiations within 90 days of written notice of the existence of such dispute, be finally settled by binding arbitration as per the provisions of the Arbitration & Conciliation Act, 1996 as amended from time to time, by a sole arbitrator to be appointed by the User and the Platform (collectively “Parties”) mutually. The seat and venue of arbitration shall be Hyderabad, Telangana and it shall be conducted in the English Language. The Parties shall bear their own costs.
17.2.Indemnity
The User agrees to defend, indemnify, and hold harmless the Platform, its Affiliates, and its officers, directors, employees, agents, and Third Party Service Providers, from and against any and all claims, actions, demands, including without limitation to reasonable legal and accounting fees, resulting from (i) any User Content or other material that the User provides to the Platform, (ii) User’s use of any Platform’s Content, or (iii) the User’s breach of these Terms. The Platform shall promptly provide notice to the User of any such claim, suit, or proceeding.
17.3.Severability
If any provision of these Terms is held to be unenforceable or invalid, illegal or unenforceable, such provision shall be struck off from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
17.4.Waiver
Except as provided herein, the failure to exercise a right or to require performance of any service under this Terms shall not affect the Platform’s or the User’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
17.5.Assignment or Transfer
The Platform does not grant access to anyone other than User(s) who have entered into an agreement directly with us, and you cannot assign or transfer your account nor your rights or obligations under this agreement to someone else, whether for free or for payment, without the Platform’s prior permission. We can transfer our rights and obligations to you (provided, only if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.
17.6.Entire Agreement
These Terms constitute the entire and an exclusive agreement between the Platform and the User regarding the Services, and these Terms supersede and replace any prior agreements between the Platform and the User regarding the Services. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across our page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
This Agreement is effective as of 26th August, 2024.