*USER AGREEMENT *
StopBeingBoring is a web-based platform which offers curated and specially designed and scripted courses aimed at strengthening soft skills and building competencies geared towards achieving overall personal and professional success through its website, StopBeingBoring.Club (or any successor site) and its related sub-domains, sites and tools.
StopBeingBoring 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 shall apply to StopBeingBoring hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forum hosted by StopBeingBoring.
- ACCEPTANCE OF TERMS AND CONDITIONS
(a) you are least 13 (thirteen) years of age and have the authority to enter into this User Agreement;
(b) this User Agreement is binding and enforceable against you; (c) to the extent an individual is accepting this User Agreement 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
Every effort has been made to ensure, that the information contained on the Website is correct, however StopBeingBoring makes no warranty as to the accuracy, comprehensiveness, or correctness of any of the content on the Website and provides all content on an "as is" basis.
While the Website is freely accessible to the User(s), the User will have to register with StopBeingBoring and create their individual registration account prior to any purchase of the Services on the Website. Furthermore, StopBeingBoring 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 enrolment into a course is non-transferable.
If this User Agreement conflicts with any other document, then the User Agreement will prevail for the purposes of usage of the Website.
The purpose of this User Agreement is to set forth the terms and conditions under which, among other things:
(i) StopBeingBoring will license to you use of certain of StopBeingBoring's technology, software and/or services such that you can utilise StopBeingBoring's Services, and
(ii) you can access and/or use the Website ("Purpose").
The terms "Service" or "Services" would mean the online courses including any collateral content offered by StopBeingBoring on the Website. The services provided by StopBeingBoring shall include: The provision to the User to access such Content (as defined below), including the courses on the Website which has been paid for by the User; and StopBeingBoring customer support, enabling you to contact StopBeingBoring at StopBeingBoring.HQ@gmail.com with any queries that you may have in relation to the Services provided by StopBeingBoring.
- REGISTRATION AND ELIGIBILITY
- USER CONTENT
We may use your User Content in a number of different ways in connection with the Services and StopBeingBoring's 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"). By submitting User Content through the Website, you hereby do and shall grant StopBeingBoring 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 StopBeingBoring's (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 StopBeingBoring 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 StopBeingBoring. 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 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 StopBeingBoring will not be liable for any errors or omissions in any Content; and that StopBeingBoring 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 StopBeingBoring 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 StopBeingBoring, you agree and understand that you are communicating with StopBeingBoring through electronic records and you consent to receive communications via electronic records from StopBeingBoring periodically and as and when required. StopBeingBoring will communicate with you by email or by notifications on the Website which will be deemed adequate service of notice / electronic record.
There is no charge or fee for browsing the Website. However, the courses may only be accessed by payment of the Course Fees by the User. Upon payment of the Course Fees in whole, StopBeingBoring 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. StopBeingBoring may at its sole discretion introduce new services and modify some or all of the existing Services offered. In such an event StopBeingBoring 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 StopBeingBoring within such time as specified in the invoice. Non-payment StopBeingBoring reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership 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 StopBeingBoring. StopBeingBoring also reserves the right to take legal action in case of non-payment of fees by you to StopBeingBoring. Notwithstanding the above and in the event of exceptional circumstances, if StopBeingBoring has granted you access to a course pending payment or part payment, and StopBeingBoring does not receive payment or the remaining payment, as the case may be, within the stipulated time period, StopBeingBoring may, at its own discretion, withdraw your access to the course without giving any prior notice without prejudice to any other rights of StopBeingBoring. Payment of Fees To make payment of the Course Fees, and any other fees as StopBeingBoring may introduce from time to time, you must have internet access, a User Account on the Website, and a current valid accepted payment method as shall be specified by StopBeingBoring. StopBeingBoring 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 StopBeingBoring's third-party payment provider stores any such information, StopBeingBoring 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 StopBeingBoring 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. StopBeingBoring 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 enrolment/purchase. No refund will be made once the payment for a course has been made. We do not provide refunds for the lack of usage or dissatisfaction. 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 a User 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 StopBeingBoring to offer a free trial to any User.
- USE OF THE WEBSITE
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. The User shall be exclusively responsible for ensuring that such equipment is compatible with the Website and Services. StopBeingBoring shall not be liable for any damages to the User's equipment resulting from the use of this Website.
StopBeingBoring shall have the right, but not the obligation, to monitor the content of the Website 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 StopBeingBoring, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, StopBeingBoring shall have the right to remove any material that StopBeingBoring, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- INTELLECTUAL PROPERTY
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 this User Agreement 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 StopBeingBoring, you shall be deemed to be the sole owner of all posted information entered into the Website or otherwise posted by you; and (ii) StopBeingBoring is the sole owner of the name "StopBeingBoring" 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 StopBeingBoring regarding the Website shall, upon submission to StopBeingBoring, be owned solely and exclusively by StopBeingBoring. In addition, StopBeingBoring 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). Copyright and Trademark Policy We reserve the right to suspend, disable, or terminate the Accounts of Users who 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 StopBeingBoring 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. Notice with respect to the Services can be sent to StopBeingBoring@gmail.com. StopBeingBoring also respects the trademark rights of others. User 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 StopBeingBoring@gmail.com 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 are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website. While it is StopBeingBoring's objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate at a slower pace from time to time. You understand and acknowledge that due to circumstances both within and outside the control of StopBeingBoring, access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, StopBeingBoring 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 StopBeingBoring 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. StopBeingBoring 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 this User Agreement, 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 StopBeingBoring 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 StopBeingBoring 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. StopBeingBoring 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 StopBeingBoring 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. StopBeingBoring's sole obligation and your sole and exclusive remedy in the event of interruption of the payment gateway services shall be to use all reasonable endeavours to restore the Services and/or access to the payment gateway services as soon as reasonably possible.
- YOUR CONSENT
THE OPT-OUT PRACTICE
(i) 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 StopBeingBoring. (ii) We use and/or may hereafter use third-party service providers to serve ads on our behalf across the Internet and sometimes on this site. 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 is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the User.
- BREACH AND SUSPENSION OF SERVICES
You acknowledge that StopBeingBoring is not an educational institution, university and/or deemed university. You further acknowledge that your participation in and completion of any course (i) does not establish any relationship between you and any educational institution with which StopBeingBoring may be affiliated; (ii) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.
- WARRANTY DISCLAIMER
Save to the extent required by law, StopBeingBoring has no special relationship with or fiduciary duty to you. You acknowledge that StopBeingBoring 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 StopBeingBoring 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 StopBeingBoring 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. StopBeingBoring makes no representations concerning any Content contained in or accessed through the Services, and StopBeingBoring will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. StopBeingBoring makes no warranty that:
(a) the Website will meet your requirements;
(b) the Website will be available on an uninterrupted, timely, secure, or error-free basis;
(c) the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable. StopBeingBoring makes no representation or warranty, express or implied, with respect to any third party data provided to StopBeingBoring or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. StopBeingBoring 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 StopBeingBoring or "force majeure" or any other cause beyond the control of StopBeingBoring. 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. We make no representations or warranties as to the conduct of Users or the veracity of any information Users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. THE WEBSITE, SERVICE 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. StopBeingBoring AND ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. 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. StopBeingBoring 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, StopBeingBoring SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE SERVICES 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 (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) 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 StopBeingBoring WEBSITE INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED FOR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. StopBeingBoring, 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.. YOU HEREBY REPRESENT AND WARRANT TO StopBeingBoring THAT YOU ARE LEGALLY COMPETENT TO EXECUTE, BE BOUND BY AND ADHERE TO TERMS AND CONDITIONS OF StopBeingBoring. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. YOU AGREE THAT StopBeingBoring 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.
StopBeingBoring 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 StopBeingBoring, 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 Service.
- LIMITATION OF LIABILITY
- GRIEVANCE OFFICER
- CUSTOMER SUPPORT
StopBeingBoring shall provide customer support limited to responding to questions/queries regarding the nature of the Services provided for but not limited to payment, refunds, functionality and feedback. If you have any questions regarding the same, you can contact us at StopBeingBoring@gmail.com.