Section 1 - Terms and Conditions related to our Learning Division of Intect

Introduction

The website theintect.com (referred to as the “company”) and the information, services and other materials contained therein are provided and operated by Intect (referred to as “we”, “us” or “intect”). intect comprises three divisions, such as Trainings (referred to as the “Learning Platform”), Human Resource Services (referred to as the “Hiring Platform”) and Cybersecurity Services (referred to as the “Security Platform”). The Training platform offers curated and specially designed higher education and industry-relevant diploma and certification programs online (“Programs”). Human Resource Services is entitled to provide industry-ready and highly-qualified individuals to top MNCs. Cybersecurity services strives to provide utmost reliable and professional cybersecurity to organizations globally through its innovative tools, technology, services and awareness.

Please go through our Terms and Conditions, Privacy Policy and other relevant documents available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and Programs. Each Program may have a separate set of terms dealing with refunds, deferrals, payments, etc. governing such Programs, and our corporate clients may have executed separate written agreements with us, which, in the event of a conflict, will supersede these Terms to the extent of the conflicting provisions.

These Terms shall apply to Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by our Training platform, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. Intect shall not be responsible for any disruption of services caused by such third-party service providers.

Please note that the use of the Platform and Programs constitutes an unconditional agreement to follow and be bound by the Terms. Although you may "bookmark" a particular portion of the Platform and thereby bypass these Terms, your use of the Platform still binds you to these Terms.

We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform and Programs after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Platform or Programs if you are not happy with any changes to these Terms.

Intect makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

User Conduct Policy

Whether you have enrolled in a Program or are simply browsing the Platform, once you have accessed the Platform or Programs, you shall be considered a ‘user’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Platform and Programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform.

Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, Intect shall not be liable for any loss of data or if the user’s device, computer or any other property is compromised in any manner.

You acknowledge and agree that Intect has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you.

During your use of the Platform and Programs, you will:

  • Not harass other users, students, attendees, support agents or visitors;
  • Not create an atmosphere of disharmony, hostility within student groups;
  • Not cheat on any homework assignment or exams for the Program;
  • Not post online any secured testing materials;
  • Not share solutions to homework assignments or exams; and
  • Notify the instructors immediately if you become aware of any other user cheating or breaching these Terms, and comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Program into which such user is enrolled.

User Accounts, User Registration and Delivery of Services

In order to participate in most Platform activities and to apply for a Program, you will need to register for a personal account (“User Account”) by providing an email address and a password that is unique.

Upon payment of the Program fees – in part or whole, depending on the Program – Intect shall deliver the terms of use of the Program and grant you access to the Program. The invoice may be provided to you along with the email confirmation or within two (2) months thereafter. This shall be proof of delivery against the successful payment of fees.

Owing to certain exceptional circumstances, if Intect has granted you access to a Program pending payment, and Intect does not receive payments within the stipulated time periods, Intect may, at its own discretion, withdraw your access to the Program without giving any prior notice.

You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account, and that you will not use any User Account other than your own.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Platform and your enrolment into a Program, to the extent applicable.

In addition to the registration process, as part of your use of the Platform or participation in the Programs, we may obtain certain information about you and your performance in the Programs. Some of this information may be Personally Identifiable Information. We may use, maintain and store this information to provide certain services to you now and in the future, and may share such information with our Educational Partners or third parties in conjunction with such services or for the purpose of marketing. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes.

Access to the Programs is restricted to attendees or students who have specifically been granted access by Intect.

By registering your User Account, you agree that:

  • You are registered for the Program only once and will not set up multiple User Accounts; and
  • You will abide by these Terms and any terms specific to the Program.

Additional requirements apply to Students and working professionals. As a Student or working professionals, in addition to the points above, you agree that you are registering with the intect to complete the assignments, if any, that are relevant and applicable to the Platform or Programs into which you have enrolled.

Payment Terms and Refund Policy

Unless otherwise expressly agreed in writing by Intect, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such trial window shall be made available only after the full payment. During the trial window, upon a request by the Student, and to the satisfaction of Intect, we may choose to refund the Program Fees paid, subject to such charges as may be decided from time to time. Once the trial window has closed, there will be no refund allowed for any reason whatsoever.

It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.

To make payment for any Program or to purchase any services or products offered by Intect through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"). Intect 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 gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Intect’s third-party payment provider stores any such information, Intect 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 Intect is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.

Failure to pay may result in withdrawal of your access to a Program. 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. Intect 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.

You may cancel your enrolment at any time. No refund will be made once the payment (in part or whole) for a Program 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 service or product within the last six (6) months, or if your Payment Method, physical address or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, you may be ineligible for certain features of a product or service during your free trial period.

Use of Programs

Intect reserves the right to cancel or reschedule any Program or live lectures/webinars, or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. You also understand that Intect, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all Intect-provided services related to the Programs, such as access to Intect coaches or support services, evaluation services, or certifications. You also understand that Intect may modify or discontinue all services related to its Programs at its sole discretion. You agree that Intect shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Intect to maintain and support the Platform or Programs or any part or portion thereof or any associated services.

If you no longer wish to use any Program, you may terminate your participation by giving notice to Intect.

Participants of Intect online live lectures and webinars shall be provided access to such classes via email. You agree not to share such access with any third party. If you are unable to attend an online live lecture/webinar, please provide Intect with prior intimation regarding this.

You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform, and you shall be responsible for all charges incurred in connection with the use of the Platform and Program in connection with all such equipment and ancillary services.

Educational Partners and Accreditation

Intect is NOT a University, but an education service provider, offering Programs in consultation with Indian and International universities, educational institutions, governmental authorities, NGOs, corporates, etc. (each an “Educational Partner”).

Admission to the degree/diploma programs of an Educational Partner is separate from being accepted into and/or taking one or more Programs. You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program (a) enrolls or registers you in an Educational Partner, or any other school, division, institute or program of or associated with an Educational Partner, and (b) allows you to access or use the resources or receive any benefits or privileges of any Educational Partner, beyond the Programs.

Intect may offer a credential or other acknowledgement for participants who have satisfactorily demonstrated mastery of the Program material. The decision to award any such credential acknowledgement to a given participant will be solely at the discretion of Intect. We may choose not to offer any credential or other acknowledgement for some Programs. Intect may decide at its sole discretion whether to provide a record concerning a participant’s performance in a Program. The format of any credential or other acknowledgement, and of any performance, provided by Intect relating to Programs will be determined by Intect at its sole discretion and may vary from Program to Program.

You will be awarded a certificate of successful completion of a Program (“Program Certificate”) upon fulfilling the criteria and requirements of Intect and its Educational Partners. You acknowledge that any such Program Certificate awarded may not be affiliated to any Educational Partner and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner.

You will not receive academic credit from Intect or any other Educational Partner for taking a Program. If you are taking a Program for academic credit or certification as a student of, or otherwise through, an Educational Partner, any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, Intect will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for a Program.

You acknowledge and agree that any Program affiliated with an Educational Partner may be subject to the terms, policies and procedures of the applicable Educational Partner in addition to Intect’s Terms. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking a Program for credit or certification through that Educational Partner, you acknowledge and agree that (a) the Educational Partner may have its own terms, policies or procedures regarding your eligibility to participate in the Program, your participation in the Program, the requirements or prerequisites for receiving credit or certification for the Program, and/or your educational or student records as they may relate to your participation and performance in the Program, and (b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not Intect.

Intect’s Intellectual Property Rights

“Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials.

The Platform, Programs and related services are owned and operated by Intect and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “Intect Content”), are the property of Intect and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is the property of Intect and is protected by Indian and international copyright laws.

Intect logos, trademarks and service marks that may appear on the Platform and in the Program (“Intect Marks”) are the property of Intect and are protected under Indian and foreign laws. All other trademarks, service marks and logos used on the Platforms, Online Courses or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Intect.

As a condition of accessing the Platforms and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Intect Content or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the Intect Marks or the name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.

Please verify all Content prior to use. In the event you come across any Content that is incorrect, infringing, offensive, indecent or objectionable, please notify us immediately at the address mentioned at the bottom of this page.

Additionally, from time to time, Intect (or its third-party service providers, on behalf of Intect) may request users to review Intect Content or beta-test the Platform. The works derived from such activity shall remain the sole and exclusive property of Intect or its third-party service providers, as applicable.

Third-Party Intellectual Property

Intect respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.

Intect shall not be held liable for the unauthorised use of any third-party IP, and the user that carries out such unauthorised use or infringes any IP available on the Platform shall fully indemnify and hold Intect harmless against any and all claims that may arise as a result of such use.

If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information.

  1. An electronic or physical signature of the person authorised to act on behalf of the owner of the product, copyright or other intellectual property interest;
  2. A description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
  3. A description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Platform/Program;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
  6. A statement by you, made under the penalty of perjury, that the aforementioned information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorised to act on such owner's behalf.

For notices of disputes or claims of copyright or other intellectual property infringement, please connect with us at the address provided at the bottom of this page.

Limited License

The services on the Platform are licensed, not sold. In consideration for your agreement to these Terms, Intect grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform and Programs, solely in accordance with the Terms. You may download or copy the portions of the Intect Content available on the Platform for your own non-commercial and personal use only, provided you maintain all copyright and other notices contained in such Intect Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms, Programs or any Intect Content. You may not reverse-engineer, decompile, disassemble or otherwise code for any software that may be used to operate the Platform or the Programs. Notwithstanding the foregoing, certain reference documents, digital textbooks and articles may be made available to you with the permission of third parties, and use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions.

You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform or the Programs. From time to time, Intect may include software, code, instructions, or other such information in the Intect Content for the Programs; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the ‘Disclaimer’ and ‘Limitation of Liability’ sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Intect and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platforms, Intect Content, and Intect Marks.

Without limiting the generality of the terms above, the following are types of uses that Intect expressly defines as falling outside of the definition of "non-commercial and personal use".

  • The sale or rental of (i) any part of the Intect Content, (ii) any derivative works based at least in part on the Intect Content, or (iii) any collective work that includes any part of the Intect Content;
  • The sale of access or a link to any part of the Intect Content;
  • Providing training, support, or editorial services that use or reference the Intect Content in exchange for a fee;
  • The use of Intect Content by a college, university, school, or other educational institution for instruction where tuition is charged;
  • The use of Intect Content by a for-profit corporation or non-profit entity for internal professional development or training; and
  • The use of Intect Content for display / upload / making available at a place that is accessible to the general public in any manner, including but not limited to any social media sites, video download sites, and torrents.

User Content

The Platform may allow you to upload forum posts, chat with other users and Intect’s counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (collectively "User Content"). Intect does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to Intect above, the user will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to Intect, you hereby grant Intect an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Intect reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Intect to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Intect, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

Intect does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Intect be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content.

You are prohibited from posting the following Content on the Platform

  • Content that is fraudulent, indecent, or libellous, or defames, harasses, discriminates against, harms or threatens others;
  • Content that discusses illegal activities, with the intect to commit them;
  • Content that infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties;
  • Content that you do not have the right to disclose;
  • Profane, pornographic, obscene, indecent or unlawful Content;
  • Advertising or any form of commercial solicitation;
  • Content related to partisan political activities;
  • Content that contains intectionally inaccurate information or that is posted with the intect of misleading others;
  • Viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
  • Content that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts);
  • Content that violates the rights of other users of the Platform; or
  • Content that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

Platform Security

You are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of Intect, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Intect will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Intect on the Platform and other than generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).

Limitation of Liability

Neither Intect nor any of its Educational Partners, affiliates, employees, directors, officers, agents, vendors or supplier shall be liable to you or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer / electronic device failure, virus or malfunction. In no event will Intect be liable for any damages in excess of ₹1000 or, in the case of enrolled students, the fees paid by you in connection with your enrolment into a Program.

Site Linking

The Platform may contain links to pages on other websites ("Linked Sites"), and those Linked Sites may contain Content or offer products and/or services for sale. Intect does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites; (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites; and (c) you agree to the terms and conditions of the Linked Sites. We may remove any Linked Sites from the Platform at any time with or without reason.

Intect WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.

We appreciate that Linked Sites may contain material on which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have provided links to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

You may not establish a link to this Platform from any other website, application, intranet or extranet site without our prior written consent. If you wish to create links, you may contact us before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of Intect, including its Educational Partners, respective employees, agents, directors, officers or shareholders.

Indemnity

You agree to indemnify and hold Intect and its Educational Partners harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of (a) your use or attempted use of the Platforms or Programs in violation of the Terms; (b) your violation of any law or rights of any third party; or (c) information or Content that you or others post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination of Rights

You agree that Intect, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if Intect believes that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised Content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that Intect shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that Intect may retain and store your information on Intect’s systems notwithstanding any termination of your account or enrolment into the Programs.

Miscellaneous Provisions

By accepting the Terms through your use of the Platform, you certify that you are 18 years of age or older. If you are under the age of 18 or under the legal age in your jurisdiction to enter into a binding contract, you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that you are fully responsible for his/her use of the Platform, including all financial charges and legal liability that he/she may incur. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. The Programs are not for the use of individuals under the age of 18 years.

Intect may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of Intect.

These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Intect, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Mumbai. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by Intect. The proceedings shall be conducted in English and the seat for arbitration shall be Mumbai.

If any provision of the Terms or any Program-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Intect shall have no liability under these Terms or any Program-specific terms shared with you, to the extent arising from any failure of Intect to perform any of its obligations under these Terms or any Program-specific terms shared with you, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within Intect's reasonable control. Intect shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page.

The failure of Intect to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with you, shall not constitute a waiver of such right or provision. If any provision of the Terms or any Program-specific terms shared with you is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intections as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any Program-specific terms shared with you, shall remain in full force and effect.

These Terms or any Program-specific terms shared with you constitute the entire agreement between you and Intect relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Platforms by Intect or through a specific writing between you and Intect.

Intect may freely transfer or assign any portion of its rights or delegate its obligations under the Terms or any Program-specific terms shared with you. You may not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the Terms or any Program-specific terms shared with you, without the prior written consent of Intect, and any such attempted transfer or assignment shall be void and of no effect.

This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Any notice or communication that may be required to be given to Intect under these Terms or any Program-specific terms shared with you may be sent by writing or emailing to the following addresses.

Intect

Innov8 Coworking Space,

Regal Building, 69,

Connaught Place, New Delhi, Delhi 110001

Phone: +91 8630220930, +91 8800299792

Email:info@theintect.com

Disclaimer

The Platform and/or Programs may contain typographical errors or inaccuracies and may not be complete or current. Intect, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

The Platform, Programs, and any information or Intect Content are provided on an “as is” and “as available” basis with all faults.

Intect makes no representations or warranties of any kind, whether expressed or implied, with respect to Intect Content or services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Intect makes no warranty that the services will meet the user's requirements or that the services will be uninterrupted, timely, secure, or error free; nor does Intect make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.

The user understands and agrees that the Intect Content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the user's own discretion and risk, and that the user will be solely responsible for any damage to the user, the user's computer system, electronic device or any loss of data that results from the download of such material or data.

No advice or information, whether oral or written, obtained by the user from Intect or through or from the services, shall create any warranty by Intect.

In the event you find that the information provided on the Platform or Programs is incorrect, or if you are the owner of any information or content and wish that such information or content is not displayed on the Platform or Programs, kindly notify us at the address provided at the bottom of the page.

Section 2 - Terms and Conditions related to our Cybersecurity Division of Intect

This Terms of Service (“Agreement”) is a legally binding agreement between you (the “User,” “you,” or “your”) and Intect (“Intect,” “we,” “us,” “our”). Intect is one of the divisions of Intect. The User acknowledges and agrees that their use of the intect website i.e.,www.intect.c (the “Website”) will be governed by this Agreement, the Privacy Policy and any related terms.

Intect provides a range of security services, including but not limited to security tools, real time assessments, cyber security related risk analysis, etc., (collectively “Services”). Intect also provides a security analytics platform (“Security Platform”).

If you are unsure as to User Terms set herein, please do not proceed further and contact us atinfo@theintect.com

Your use of the Website, Security Platform and the Services shall constitute your acceptance of and agreement to all of the terms and conditions in this Agreement and the Privacy Policy.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY USING OUR WEBSITE, SECURITY PLATFORM AND SERVICES, AND/OR NAVIGATING THROUGH OUR WEBSITE, AND/OR OUR SECURITY PLATFORM, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THE AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS THE PRIVACY POLICY REFERENCED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE USER TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE WEBSITE, SECURITY PLATFORM AND/OR THE SERVICES.

Capitalized terms not defined herein shall have the same meaning ascribed to them under the Privacy Policy.

Eligibility and Access Restrictions

Access to our Security Platform and our Services are available only for use in the United States and in India (the “Registered Territory”). Access to our Security Platform and/or the Services are not available in the European Union, European Economic Area and/or Switzerland. Please do not use our Services if you are a resident of the European Union European Economic Area or Switzerland. Please do not send us your information or use or access our Security Platform and/or Services if you are a resident of the European Union, European Economic Area or Switzerland.

To be eligible to use the Security Platform and the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from accessing the Security Platform and the Services, (3) are not our competitor, or are not using the Security Platform and the Services for reasons that are in competition with us; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (6) agree to provide at your cost all equipment, browser software, and internet access necessary to use the Security Platform and the Services.

If you visit our Website and/or use and access our Security Platform and our Services from a location outside of the US, you are responsible for compliance with any relevant and applicable laws of your jurisdiction, or the jurisdiction where our Security Platform or Services will be used or based.

Service License

Subject to your compliance with the terms of this Agreement, we grant you a limited, personal, non-exclusive, revocable, and non-sublicensable license to access and use our Security Platform and Services. When accessing our Security Platform and Services, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs and other fees that might apply.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Security Platform or related Services, except as expressly permitted in this Agreement. The Security Platform and Services are provided to you as is.

NOTE: YOU AGREE THAT THE SECURITY PLATFORM IS NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR USE OF OUR SECURITY PLATFORM OR THE SERVICES. SECURITY PLATFORM PROVIDES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO SECURITY PLATFORM FOR THE ABILITY TO ACCESS THE SECURITY PLATFORM AND/OR THE SERVICES.

Access and Service Restrictions

You agree that the Services, including but not limited to the Website, Security Platform, graphics, trademarks, and editorial content, contain proprietary content, information and material, are owned by Intect and/or its licensors, including our customers, brands and agencies, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of the Services or in any manner that is inconsistent with the terms contained in this Agreement.

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you will not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Intect is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using the Services.

Reservation of Rights

You acknowledge and agree that the Website, Security Platform and the Services are provided for your use, and not sold to you. Except to the extent necessary to access and use the Website, Security Platform and the Services, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to the Website and the Services whether expressly, by implication, estoppel or otherwise. Intect and its licensors and service providers reserve and will retain their entire right, title, and interest in and to the Website and the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Access Rights

To access and use our Security Platform and the Services, you will be first required to go to our Website and click on the “Contact” option. When you click on the Contact option, you will be asked to provide certain information such as your name, email address, message and other such relevant details. When you send us a message via “Contact,” we will reach you directly over the email address provided by you to provide details regarding our Security Security Platform and Services. We may also collect information that does not personally identify you such as your location, demographics and/or the usage extent of our Services and/or the Internet. If you have any further questions in this regard, please send us an email atinfo@theintect.com. You agree that we have the right to disable your access to our Security Platform and Services at any time, if in our opinion you have violated any provision of these User Terms including, without limitation, the terms of this Section. You agree to cooperate with us if the security of our Services is compromised by you or another person through the use of our Security Platform and Services.

Do’s and Don’ts for Users

As a condition to access the Website, Security Platform and our Services, you agree to this user Agreement and to observe the following Do’s and Don’ts.

Do’s

  • Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
  • Provide accurate information to us and update from time to time as may be necessary;
  • Review the Privacy Policy;
  • Review and comply with notices sent by us, if any, concerning the Services.

Don’ts

  • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit the Security Platform and the Services (excluding any user content);
  • Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Security Platform and the Services, or any part thereof;
  • Utilize information, content or any data you view on and/or obtain from the Security Platform and the Services to provide any service that is competitive with us;
  • Imply or state, directly or indirectly, that you are affiliated with or endorsed by us unless you have entered in to a written agreement with us;
  • Adapt, modify or create derivative works based on the Security Platform and the Services or technology underlying the Security Platform and/or the Services, or other Users’ content, in whole or part;
  • Rent, lease, loan, trade, sell/re-sell access to the Security Platform and the Services or any information therein, or the equivalent, in whole or part;
  • Deep-link to the Security Platform and the Services for any purpose, i.e. including a link to our proprietary web pages other than our home page;
  • Access, reload or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
  • Use manual or automated software, devices, scripts robots, other means or processes to access “scrape”, “crawl” or “spider” any web pages contained in the site;
  • Use automated methods to add contacts or send messages;
  • Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Websites;
  • Attempt to or actually access the Security Platform and the Services by any means other than through the interface provided by us;
  • Attempt to or actually override any security component included in or underlying the Security Platform and the Services;
  • Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Security Platform and the Services, including those of both Intect or any of its licensors; or
  • Use any information obtained from the Security Platform and the Services to harass, abuse or harm another User;

Intect Communications

When you use our Security Platform and Services or reach us via the Contact option, you agree to receive communications from us, including via email, text messages, and push notifications. If you do not wish to receive any promotional emails from Intect please email us atinfo@theintect.com or follow the unsubscribe options in the promotional emails.

Payment

Accessing and using the Intect Website, Security Platform, and the Services is currently free of cost. However, Intect reserves the right to charge a subscription fee in the future. In the event that Intect modifies this clause to include a subscription fee in the future, Intect will communicate such modification to the User as per the procedure detailed under Section 19.

Confidentiality

In the event that any information is disclosed to you through your access to the Website and the Services related in any way to Intect and Intect’s business and its customers which we deem to be confidential and proprietary, you agree to promptly notify Intect about such disclosure and hold such information in the strictest of confidence. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website and the Services ("Submissions"), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Indemnification

You shall indemnify, defend and hold Intect and our officers, employees, managers, directors, customers and agents (the “Intect Indemnified Parties”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Intect Indemnified Parties arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, gross negligence or willful misconduct of you or your employees, agents or contractors; (iii) incorrect information provided by you to us; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

Disclaimers of Warranties

Your access to and use of the Website, Security Platform and the Services or any content are at your own risk. You understand and agree that the Website, Security Platform and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Intect DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Intect makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website, Security Platform and Services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, Security Platform and Services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; and (iv) whether the Website, Security Platform and Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Intect or through the Website, Security Platform and Services, nor will they create any warranty or representation not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Intect SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, SECURITY PLATFORM AND THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Intect EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Intect, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT Intect HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVE, KNOWINGLY AND FREELY ASSUME ALL RISK WHEN ACCESSING THE WEBSITE, SECURITY PLATFORM AND THE SERVICES AND THE WEBSITE. YOU, ON BEHALF OF YOURSELF, AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY Intect AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE WEBSITE, SECURITY PLATFORM AND SERVICES (II) YOUR USE OF THE WEBSITE, SECURITY PLATFORM AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE USE OF THE WEBSITE OR THE SERVICES, (III) VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN AND FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES, (IV) CLAIMS, OR ANY DECISION BY A COURT, ARBITRATOR, OR GOVERNMENT AGENCY, THAT Intect IS OBLIGATED TO PAY ANY WITHHOLDING TAXES, SOCIAL SECURITY, UNEMPLOYMENT OR DISABILITY INSURANCE OR SIMILAR ITEMS IN CONNECTION WITH ANY PAYMENT RECEIVED BY YOU UNDER THE TERMS, (V) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS, (VII) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION, (VIII) YOUR WILLFUL MISCONDUCT, OR (IX) ANY OTHER PARTY’S ACCESS AND USE OF THE SERVICE WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE.

Termination

Users can terminate this Agreement by sending us an email at info@theintect.com. Upon termination of this Agreement, the User has to stop using any of our Services.

Intect reserves the right to suspend or terminate your access rights to our Security Platform and Services or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these User Terms or the Privacy Policy, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address you provide us when you use access and use our Security Platform and Services. In all such cases, the User Terms shall terminate, including, without limitation, your license to use the Services.

Sections 2, 3, 4, 11-16, 21, 22, 23 shall survive any termination or expiration of this Agreement.

Assignment

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

Anti-Bribery and Export Compliance

You agree not to promote, approach or use, distribute, transfer, provide, sub-license, share with, or otherwise offer the Services in violation of any Laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) the Services to any destination, person, entity or end use prohibited or restricted under US law without prior US government authorization to the extent required by regulation, including without limitation, any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the EAR or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by regulation.

Modifications

We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email or comparable means within 15 days of making such a modification a reasonable time period. We will also post the modified version on this page. Your continued use of the intect Website, Security Platform and the Services shall constitute your consent to such changes

Relationship of Parties

The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, agent/servant. The User has no power or authority to bind Intect to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of Intect.

Governing Law

This Agreement shall be governed by the law of the State of Delaware, without respect to its conflicts of laws principles.  Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.

Dispute Resolution and Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Intect AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Intect agree (a) to waive your and Intect’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Services and Security Platform, resolved in a court, and (b) to waive your and Intect’s respective rights to a jury trial. Instead, you and Intect agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

No Class Arbitrations, Class Actions or Representative Actions

You and Intect agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and Intect and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Intect agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Intect agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Federal Arbitration Act

You and Intect agree that these Terms affect interstate commerce and that the enforceability of this Section 22 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

Notice: Informal Dispute Resolution

You and Intect agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Intect shall be sent by certified mail or courier to Intect Inc., Attn: 3260 Hillview Avenue Palo Alto, CA 94304 notice must include (a) your name, postal address, telephone number, the email address you use or used when you receive Services from us, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Intect cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Intect may, as appropriate and in accordance with this Section 22, commence an arbitration proceeding.

Process

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND Intect AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR Intect WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND Intect WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Intect agree that  (a) any arbitration will occur in San Francisco, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of Illinois, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

Authority of Arbitrator

As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA rules. discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.

The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Rules of AAA

The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

Severability

If any term, clause or provision of this Section 22 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 22 will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of these User Terms and will remain valid and enforceable, except as prohibited by applicable law.

Miscellaneous

This Agreement along with the Privacy Policy constitutes the entire agreement between you and us and supersedes any prior agreements between you and us with respect to the subject matter herein. Our failure 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, we both nevertheless agree that the court should endeavor to give effect to our intections as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. 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, Security Platform and/or the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to Intect shall be given by certified mail, postage prepaid and return receipt requested to Intect Inc. at 3260 Hillview Avenue, Palo Alto, CA 94304. Any notices to you shall be provided to you through our Website or Security Platform or given to you via the email address or physical address you provide to Intect during the registration process.

Section 3 - Terms and Conditions related to our Hiring Division of Intect

This Terms of Service (“Agreement”) is a legally binding agreement between you (the “User,” “you,” or “your”) and Intect (“Intect,” “we,” “us,” “our”). The User acknowledges and agrees that their use of the intect website i.e. https://theintect.com (the “Website”) will be governed by this Agreement, the Privacy Policy and any related terms.

No Warranties

Intect does not make any warranties, express or implied, including, without limitation, those of merchantability, non-infringement and fitness for a particular purpose, and that the website will operate error-free or that the website and its server are free of computer viruses or other harmful mechanisms with respect to any information, data, statements or products made available on the Site and is on an “as is” available basis only.

Indemnity

Users agree to indemnify and hold theintect.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorneys' fees made by any third-party due to the content you submit, post or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another user and any third party claims.

No Liability

In no event shall Intect be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, contents as found in this website. You further acknowledge and agree that theintect.com, under no circumstances shall be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses whatsoever.

Intellectual Property Rights

All Intellectual property rights are vested solely with theintect.com. No part of the webpage/service shall be reproduced or transmitted or stored in any other website, nor may any of its information or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without obtaining prior written permission from Intect. Any infringement in this regard shall be adequately compensated by the User.

Other Terms and Conditions

By using this web site you are indicating your acceptance to abide by the Terms and Conditions which can be updated or modified at any time by theintect.com.

intect does not disclose any personal information unless specifically requested by the user or required to do so by the law or in good faith that such disclosure is reasonably necessary to (a) Comply with legal processes (b) Enforce the Terms and Conditions (c) Respond to claims that any content violates the rights of third parties or (d) Protect the rights, property or personal safety of Intect, its users and the public.

Intect does not take any responsibility for the acts/omissions on the part of the user(s)/visitor(s)/customer(s) of the site we shall not be obliged to resolve or mediate any dispute or difference, which may arise between users/visitors.

Through this website, you may be redirected to other sites for various purposes and links. we shall not be liable for any of such sites and their related links.

We shall not be liable if any such links shall directly or indirectly lead to any slander, prohibited sites or obscene sites.

This site and the intended activities are for the promotion and welfare of the society and does not contribute to any other unauthorized activities.

General Disclaimer

Every effort has been made to ensure the accuracy of the information. The site is designed, updated and maintained by Intect. The information contained in this Web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use and does not represent or endorse the accuracy or reliability of any information, including content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site. The web site may contain inaccuracies, typographical and clerical errors, though efforts had been made to ensure accuracy. But Intect reserves the right to change, alter, and delete any of the representations, clauses in this website without prior notice or information.